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: bit.ly/346whLC
