Judge Michael L. Brown of the U.S. District Court for the Northern District of Georgia sanctioned a manufacturing defect claim in the Zimmer NexGen Knee case to proceed. The federal judge denied Zimmer Biomet Holdings Inc.'s request for summary judgment and stated that plaintiff Patrick O’Shea presented enough evidence against the device maker. However, on September 27, a summary judgment was granted to Zimmer on the plaintiff’s failure-to-warn claim since it was barred by the learned intermediary doctrine. The plaintiff was implanted Zimmer's knee replacement device in 2007 to treat his chronic left knee pain and experienced severe complications seven years later due to device breakage and flaws in the design.
In another motion passed on August 29, an Illinois federal judge Judge Nancy J. Rosenstengel allowed Doris Hughes, the plaintiff involved in the Stryker's hip replacement lawsuit over alleged injuries caused due to the Rejuvenate device, to proceed with her product liability claim against the defendants. In the complaint filed on September 5, 2018, Hughes stated Jose Raymon, Ryan Hunley, Jeffrey Whiting, Touchette Regional Hospital and Barnes-Jewish Hospital as defendants.
Hip and Knee implant manufacturers face thousands of allegations over design failures and inadequate warning linked to their device use.