In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation

Filing 138

ORDER NO. 52: The Court finds that (1) beginning with Nutting offers the best chance for the earliest resolution of a significant portion of the MDL cases; (2) trying Pride second and Goode third will provide the Parties with useful data points regarding Category Two cases, about which there is presently a lack of information; and (3) it is appropriate to schedule Little as the last bellwether trial, because Nutting might obviate the need to try Little. Accordingly, the four bellwether trials will proceed in the order indicated. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/16/2020) (ks)

Case 1:18-mc-02859-PAC Document 138 Filed 12/16/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE: ZIMMER M/L TAPER HIP
:
PROSTHESIS OR M/L TAPER
:
HIP PROSTHESIS WITH KINECTIV
:
TECHNOLOGY AND
:
VERSYS FEMORAL HEAD PRODUCTS
:
LIABILITY LITIGATION
:
:
This Document Relates to All Cases
:
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MDL NO. 2859
18-MD-2859 (PAC)
18-MC-2859 (PAC)
ORDER NO. 52

HONORABLE PAUL A. CROTTY, United States District Judge:
On November 23, 2020, the Parties submitted briefs regarding the order in which the
Court should try the four bellwether cases. The Parties supplied responsive briefs on December
10. On December 15, the Court heard oral argument from the Parties. Upon due consideration
of the Parties’ submitted materials and oral representations, the Court now orders that the four
bellwether trials will proceed in the following order: (1) Nutting, 19-cv-699; (2) Pride, 18-cv10649; (3) Goode, 19-cv-03504; and (4) Little, 18-cv-10393.
MDL consolidation’s “central purpose” is “promoting [the] ‘just and efficient’ resolution
of the parties’ disputes.” In re Gen. Motors LLC Ignition Switch Litig., Nos. 14–MD–2543
(JMF), 14–MC–2543 (JMF), 2015 WL 3619584, at *12 (S.D.N.Y. June 10, 2015) (quoting 28
U.S.C. § 1407(a)). In turn, “the primary purpose of bellwether trials is to provide data points for
settlement discussions with respect to the universe of cases [within the MDL] . . . .” In re Gen.
Motors LLC Ignition Switch Litig., Nos. 14–MD–2543 (JMF), 14–MC–2543 (JMF), 2016 WL
1441804, at *9 (S.D.N.Y. Apr. 12, 2016).
The Court considered the Parties’ arguments with these purposes in mind, and noted
substantial agreement between and among them. For instance, the Parties agree that the Court
should try Nutting before Little and Pride before Goode. In other words, they agree that Nutting
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Case 1:18-mc-02859-PAC Document 138 Filed 12/16/20 Page 2 of 2

is the most representative Category One case and Pride is the most representative Category Two
case. Zimmer represents that trying a Category One case first could lead to the resolution of all
Category One cases in the MDL, while they will need multiple Category Two trials before
considering settlement of Category Two cases. Plaintiffs, on the other hand, prefer to try a
Category Two case first, because no Category Two cases have been resolved to date.
The Court finds that (1) beginning with Nutting offers the best chance for the earliest
resolution of a significant portion of the MDL cases; (2) trying Pride second and Goode third
will provide the Parties with useful data points regarding Category Two cases, about which there
is presently a lack of information; and (3) it is appropriate to schedule Little as the last bellwether
trial, because Nutting might obviate the need to try Little. Accordingly, the four bellwether trials
will proceed in the order indicated.

Dated: New York, New York
December _16__, 2020

SO ORDERED

________________________
PAUL A. CROTTY
United States District Judge

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