In a September 10 notice of appeal, a plaintiff involved in the Zimmer hip implant litigation has appealed to the 3rd Circuit U.S. Court of Appeals to reinstate her lawsuit, which was dismissed last month by U.S. District Court Judge Edward G. Smith over late filing.
The plaintiff was implanted with Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head in 2011. She experienced metallosis, an adverse tissue reaction, allegedly due to the design defects of the hip implant and eventually removed it in 2015. She sued the manufacturer in February 2017 accusing them of failing to provide adequate warning. However, the New Jersey jury rejected her claims as she had crossed the two-year statute of the limitation period.
Zimmer Durom Hip Cup multidistrict litigation was centralized on June 9, 2010, in the U.S District of New Jersey before Judge Susan D. Wigenton as multidistrict litigation, MDL No. 2158 (In Re: Zimmer Durom Hip Cup Products Liability Litigation).
