7th Cir. Upholds Award of Summary Judgment to Zimmer in Bellwether NexGen Knee Case

  • Opinion

CHICAGO - A federal appeals court has refused to reinstate a bellwether case in which Zimmer Inc. was accused of failing to adequately warn of the risks posed by its NexGen knee implant, ruling that the learned intermediary doctrine defeats the plaintiffs' claims.

On March 8, the 7th Circuit U.S. Court of Appeals held that the Wisconsin Supreme Court would most likely adopt the learned intermediary doctrine, which requires medical device manufacturers to warn only the implanting surgeon, not the patient.

Theodore Joas underwent a total knee replacement at a Wisconsin hospital and received a Zimmer NexGen Flex knee implant. …


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