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 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 surgeon, Dr. Douglas Unis, implanted a Zimmer Gender Solutions Natural-Knee Flex system. …