Theodore Joas underwent a total knee replacement at a Wisconsin hospital receiving a Zimmer NexGen Flex knee implant. Within a few years, he began experiencing pain in his new knee. X-rays confirmed that the implant had loosened and required a surgical repair.
He brought a series of claims against Zimmer Inc., the implant manufacturer. His case was transferred to a multi-district litigation in the Northern District of Illinois where it was eventually treated as a bellwether case.
The court applied Wisconsin law and granted summary judgment in favor of Zimmer.