2nd Cir. Upholds Summary Judgment Award to Zimmer in Knee Implant Case

NEW YORK — A federal appeals court has affirmed an award of summary judgment to Zimmer Inc. in a knee replacement action, agreeing with the trial court that the plaintiff cannot support his design defect claim because he failed to timely identify any expert testimony.

In a May 17 summary order, the 2nd Circuit U.S. Court of Appeals said the trial court did not abuse its discretion in denying the plaintiff’s request for an extension, rejecting his argument that Zimmer did not provide discovery in a timely manner.

Kevin Sura underwent knee replacement surgery in Rochester, N.Y., during which his …