An Illinois jury last week cleared Zimmer Biomet (NYSE:ZBH) in the 1st bellwether trial of the more than 900 lawsuits lodged over its NexGen Flex knee replacements.
Plaintiff Kathy Batty alleged that the double knee replacements she had in 2009 using the NexGen Flex implants failed, requiring revision surgeries after 2 years. But the jury in the U.S. District Court for Northern Illinois found that Batty failed to prove her defective design and failure to warn claims, according to Zimmer spokewoman Monica Kendrick.
Zimmer Biomet is pleased with the verdict and looking forward to defending the NexGen Flex devices “in as many trials as are necessary,” Kendrick told Reuters. Batty’s lead attorneys did not immediately return requests for comment.
The FDA in 2007 cleared the NexGen Flex implant, designed to provide more flexibility than other knee replacement devices. Plaintiffs in the lawsuits allege that the device can’t withstand the extra flexion, despite the Warsaw, Ind.-based company’s marketing claims. The plaintiffs also allege that a design flaw makes the device more prone to premature loosening requiring revision procedures.
Zimmer Biomet, formed earlier this year after a $14 billion merger, denies that the devices are defective and said they have a successful track record. In the Batty case, the company argued that other problems could have caused her alleged injuries, including infection, according to court documents.
Material from Reuters was used in this report.
