Pennsylvania Court Dismisses all Counts but Negligence in Suit Over Knee Implants

PHILADELPHIA — A Pennsylvania federal judge has dismissed nine counts from a knee implant patient’s suit against Zimmer Inc., leaving negligence as the sole cause of action. Kee v. Zimmer Inc., No. 11-7789 (E.D. Pa.).

Judge Eduardo C. Robreno agreed with Zimmer May 17 that Pennsylvania law barred strict liability and consumer protection claims and found that plaintiff Marina Kee failed to plead other claims with particularity.

Kee underwent total knee arthroplasties in September 2009 after being diagnosed with advanced degenerative arthritis. Her physician implanted the Zimmer NexGen, Legacy Posterior Stabilized flex knee system in each knee, according to Judge …