(May 18, 2012) Four NexGen knee implant cases have been remanded from the federal Multidistrict Litigation (MDL) by the Judicial Panel in Illinois to their transferor courts.
In the discretion of the MDL, a case may be remanded to its transferor court.
Instead of incorporating the 40-plus “NexGen-branded” knee implant components into MDL, the panel limited the scope to cases involving the MIS Tibial component or the NexGen Flex Femoral Component, which comprise only seven different products. Therefore, Zimmer Inc. argues that fourteen cases involve implant components outside the scope of MDL, and should consequently be remanded to their original courts.
Two of these cases originated in Minnesota, one in the Eastern District of Michigan, and a fourth in the Eastern District of Pennsylvania.
Because of this, the parties looking to bring this lawsuit against Zimmer have filed a motion opposing the remand, arguing that it was inappropriate since the Judicial Panel did not intend to limit the MDL as narrowly as Zimmer contended.