Zimmer May Re-Depose Implanting Physician as to Failure-To-Warn, N.Y. Federal Judge Rules

NEW YORK - A New York federal judge has allowed Zimmer Inc. to re-depose the plaintiff's implanting physician as to the failure-to-warn theory advanced in his affidavit, ruling that the plaintiff improperly failed to provide a summary of the doctor's expert opinions.

In a Feb. 12 order, Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York also ordered the plaintiff's counsel to pay Zimmer's attorney's fees associated with the renewed deposition and its motion to strike the affidavit.

Elizabeth Webb underwent a right total knee replacement on March 14, 2011, during which her …