United States District Court, D. Nevada
F. BUS, ESQ. ATTORNEY FOR PLAINTIFF
THEODORE E. O'REILLY, ESQ. ATTORNEY FOR DEFENDANTS
CASE MANAGEMENT REPORT
above named Plaintiff, JANENE TRUJILLO, by and through her
undersigned Counsel, and the above named Defendants, ZIMMER,
US, INC., SYNVASIVE TECHNOLOGY, BIOMET ORTHOPEDICS, LLC,
BIOMET, INC., ("ZIMMER") by and through their
undersigned Counsel, hereby submit their Case Management
Report as follows;
Brief Description of the Case.
Plaintiff had surgery for a right hip replacement allegedly
using a Zimmer device. Plaintiff alleges that the hip implant
was defective causing Plaintiff to begin to experience
significant pain and suffering including cobalt poisoning
leading to metallosis and other adverse physical effects.
Plaintiff underwent a second surgery to remove and replace
the hip implant. Claims of strict products liability, breach
of implied warranty, breach of express warranty, negligence
and negligent misrepresentation were brought by the
Plaintiff. The allegations for strict products liability
include defective design, manufacturing and/or material
defect and failure to warn. Defendants have denied the
material allegations and raised numerous affirmative
Principal Factual and Legal
Disputes. At this time, it is anticipated that
the factual issues relate Plaintiffs course of treatment,
including her implant and revision surgeries, the sale and
distribution of the subject hardware and the design and/or
manufacturing process and materials used. The principal legal
issues are anticipated to be the claims of strict products
liability, breach or warranties, negligence based on
allegations of defective design, manufacturing and/or
materials, failure to warn and defenses to the same.
Jurisdiction. This matter was
originally filed in the Second Judicial District Court and
was removed by ZIMMER to this Court. Jurisdiction was
premised upon diversity jurisdiction and amount in
controversy exceeding $75, 000.00 pursuant to 28 U.S.C.§
Unserved Parties. None at this
Additional Parties. None are
anticipated at this time.
Contemplated Motions. At this time,
there are no contemplated motions. Plaintiff and ZIMMER
anticipate moving for summary judgment on one or more causes
of action or defenses at the appropriate time, however, other
motions may be brought by either party dependent on discovery
as well as other matters not anticipated at this time.
Pending Motions. There are no
pending motions at this time.
Related Cases. The parties have no
knowledge of any related cases pending at this time.
Supplemental Discussion Necessary
extent, nature, and location of discovery anticipated by the
parties: The exact extent, nature and extent of discovery is
unknown at this time other than the information provided in
Section 13, b. Suggested revisions, if any, to the discovery
limitations imposed by the Federal Rules of Civil Procedure
and LR 26(1)(b): See Section 13.
number of hours permitted for each deposition, unless
extended by the parties: The parties initially agree that the
maximum time for a deposition is seven (7) hours unless they
agree to extend the time for any particular deposition given
Issues Relating to the Disclosure or Discovery of
Electronically Stored ...