Cases & Deals

Zimmer obtains dismissal of putative class action alleging fraud for kick-backs to doctors on orthopedic knee and hip implants

Client(s) Zimmer, Inc.

Jones Day represented Zimmer, Inc., a manufacturer of orthopedic knee and hip implants, in a putative class action alleging a fraudulent price inflation scheme. The case was brought after Zimmer had paid the federal government $169 million to resolve kick-back claims. Early in the litigation, plaintiffs moved the panel for Multi-District Litigation to consolidate pretrial proceedings with other cases. Zimmer resisted, and MDL treatment was denied. Thereafter, on remand to the Southern District of New York, the assigned trial judge revealed that she had replacement knees by another manufacturer and expressed prejudice against Zimmer. Zimmer moved for recusal, and the judge denied the motion. After an appeal on recusal was fully briefed to the Second Circuit, the trial judge transferred the case. Faced with a new judge, with deposition admissions gutting its case, and with a motion for summary judgment, the plaintiffs dismissed.

Thorpe v. Zimmer, Inc., No. 08-cv-3888-CM (S.D.N.Y.)