A federal judge in the U.S. District Court for Northern Illinois ruled this week that the plaintiffs’ must show a link between the NexGen knee implant and their injuries. The plaintiffs allege in the lawsuit that they were injured by the NexGen knee implant and while the plaintiffs’ Steering Committee objected to the ruling, it’s not the first time the issue has arisen.

1986 Lone Pine case dismissal basis for judge’s ruling

The order the judge issued is called a “Lone Pine” order and is based on a 1986 mass toxic tort case. The defendant in that case was a landfill in New Jersey. The case was dismissed because the plaintiffs could not show a link between the product and their injuries.

In the June 1 ruling, the judge appeared exasperated, stating that the court has set aside time this fall for two more “bellwether” cases. A status conference held recently, though, revealed to the court that those cases “will not in fact proceed, or will not address the flex loosening issue that has emerged as central to the plaintiff’s theory of liability.”

She also wrote that the Lone Pine order is warranted, even though the plaintiffs have vehemently objected to it. She further ordered that both parties will negotiate the terms of the order.” The judge did not cancel the trial dates for the two bellwether cases. A status conference was scheduled for June 3, but it is not known if an agreement was reached.

What does this mean for you?

If you have suffered an injury because of NexGen CR-Flex knee implant or any other knee implant by Zimmer Biomet and want more information, an attorney who is experienced in Biomet hip replacements can help. He or she can analyze your case and help you pursue financial compensation for the injury the implant has caused. You also need to contact your surgeon and have your knee implant evaluated to make sure it is not loose but is working as it should.