NexGen MDL Plaintiffs Resist Zimmer's Demand for Documents Supporting Design Defect Claims

CHICAGO – Counsel for 10 plaintiffs whose claims could be tried first in the Zimmer NexGen Knee MDL are resisting a defense interrogatory demanding more factual and documentary support for design defect claims.

Plaintiffs responded on Nov. 8 to Zimmer's Oct. 29 motion to compel responses to the interrogatory, arguing that the request is prejudicial and violates the parties' negotiated trial plan.

The information sought by Zimmer is similar in each case:

“State all facts and identify all documents that relate to your contention that the Device was defective at the time it was sold by Zimmer or left its …