November 21, 2019 / 1:50 PM / 25 days ago

Jury must decide when plaintiff had notice of claim v. Zimmer Biomet – 3rd Circuit

A divided federal appeals court on Wednesday revived a Pennsylvania woman’s design-defect lawsuit over a Zimmer Biomet hip implant, vacating a lower-court judge’s ruling that the complaint was filed too late.

In its 2-1 decision, the 3rd U.S. Circuit Court of Appeals said a jury, not the judge, must determine whether Marylyn Adams was put on notice of her claims against Zimmer in January 2015 - when her doctor suggested replacing part of the implant - or that February, when the surgery was performed.

To read the full story on Westlaw Practitioner Insights, click here:

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