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Trujillo v. Zimmer US, Inc.

United States District Court, D. Nevada

November 5, 2019

JANENE TRUJILLO, an individual Plaintiff,
v.
ZIMMER, US, INC., a Delaware Corporation, SYNVASIVE TECHNOLOGY, a California Corporation, BIOMET ORTHOPEDICS, LLC, an Indiana Limited Liability Company, BIOMET, INC., an Indiana Corporation and DOES I-X inclusive, Defendants.

          STEVEN F. BUS, ESQ. Law Offices of Steven F. Bus, Ltd. Bar No. 3041 Quail Corners South Attorney for Plaintiff

          THEODORE E. O'REILLY, ESQ., Faegre Baker Daniels LLP, Attorney for Defendants

          ORDER

         The 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;

         1. 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 defenses.

         2. 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.

         3. 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.§ 1332.

         4. Unserved Parties. None at this time.

         5. Additional Parties. None are anticipated at this time.

         6. 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.

         7. Pending Motions. There are no pending motions at this time.

         8. Related Cases. The parties have no knowledge of any related cases pending at this time.

         9. Supplemental Discussion Necessary Discovery.

a. The 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 ...

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