Anatomy Of A Product Liability Lawsuit

I was recently reading about a product liability lawsuit involving the CR-Flex knee implant.  The lawsuit is known as the Zimmer NexGen knee lawsuit.

What I thought was interesting was the number of charges brought in the lawsuit.

All total there are eleven charges that were brought by the plaintiff, James Griffith, and have to be defended by the defendant, NexGen.  The charges are as follows:

  1. Manufacturing Defect
  2. Failure to Warn
  3. Design Defect
  4. Negligence
  5. Negligent Misrepresentation
  6. Breach of Express Warranty
  7. Breach of Implied Warranty
  8. Redhibition
  9. Unjust Enrichment
  10. Violation of Consumer Protection Statutes
  11. Punitive Damages

And you wonder why the settlements of product liability lawsuits are so high.

It stands to reason, the more charges that you must defend, the higher the cost of the settlement.


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