Bellwether Zimmer M/L Taper Case Tossed for Lack of Expert Testimony

  • Order

NEW YORK — The judge overseeing the MDL docket for cases targeting Zimmer Inc.’s VerSys femoral head combined with either the Zimmer M/L Taper or the Zimmer M/L Taper with Kinectiv Technology has dismissed the first bellwether case for lack of expert testimony.

In an Aug. 6 order, Judge Paul A. Crotty of the U.S. District Court for the Southern District of New York found that the plaintiff failed to present admissible expert testimony as to the devices’ alleged design defects. He further found the learned intermediary doctrine defeats the failure-to-warn claim because the plaintiff's surgeon did not read the …

  • Faegre Drinker Biddle & Reath LLP
  • Osborne & Associates Law Firm
  • The Spence Law Firm


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