Keenan Examines Impact of Expert Testimony in Bellwether Trials Involving Failure to Warn Claims

Shook, Hardy & Bacon Partner Matt Keenan discusses in a November 12, 2015, Law360 article how Zimmer Inc. won the first bellwether trial involving its NexGen knee implant series "by successfully curbing its adversary's expert testimony on the adequacy of its warnings." According to Law360, the court responded to Zimmer's Daubert motions by restricting the plaintiff's expert testimony at trial, where a jury ultimately rejected negligent design and failure to warn claims.

Keenan notes that a defense verdict in bellwethers can raise the stakes for plaintiffs and add years to mass tort litigation. "From a defense perspective, winning the first trial is the antithesis of negotiating a resolution," he explains.