Not long ago I wrote about blogging and “where to draw the line” with certain claims and assertions. It looks like corporate America wants to draw the line by scaring people who blog.
Zimmer Holdings, Inc., a company facing scores of lawsuits over the performance of its NexGen knee implants, has filed seven lawsuits of its own against attorneys who advertise about NexGen’s failure rates. At least three other firms have been warned to immediately stop what Zimmer calls “misleading” advertising or face legal action. Although law firm advertising is heavily regulated, attorneys are permitted to make statements that are not provably false or misleading.
Zimmer’s lawsuits are outrageous – a clear attempt to frighten attorneys out of pursuing these cases. Even more chilling is the fact that Zimmer’s actions ultimately discourage injured patients from asserting their legal right to have a jury determine their fair and adequate compensation.
Come on, Zimmer. In the words of former President George W. Bush, “Bring it on!”
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.