Who Can File Zimmer Hip Replacement Lawsuit

Filing a Zimmer Hip Lawsuit

Sarah Klein | February 23rd, 2011

Any patient who has received a Zimmer Durom Cup hip implant and experienced Zimmer hip side effects may be eligible to file a lawsuit against Zimmer, Inc.

The device in question, the Durom Acetabular Component known as the Durom Cup, has been found to experience a high rate of hip implant failure. As a result of steep failure rates first discovered by respected orthopedic surgeon Dr. Larry Dorr of the Dorr Arthritis Institute, Zimmer Inc. issued a suspension of Zimmer Durom Cup sales in July 2008  while it investigated claims.

Against Dorr’s recommendations, Zimmer again began selling the Durom Cup just 3 months after the recall.

Prior to the temporary recall, 12,000 Americans had been fitted with the Durom Cup Zimmer hip. While thousands more have received the device since it was put back on the market, it is the 12,000 Zimmer hip recipients prior who have the strongest against the orthopedics manufacturer.

Zimmer hip lawsuits consolidated

Scores of Zimmer hip lawsuits are currently consolidated under multidistrict litigation (MDL), a pre-trial process similar to class action. Future Zimmer hip lawsuits filed in federal courts throughout the United States will join those already in the MDL.

Unlike class action, the lawsuits temporarily organized in MDL will remain individual lawsuits and be sent for trial back to the courts where they were first filed.

Many Zimmer hip lawsuits, however, may never go to trial. Zimmer representatives have expressed an interest in settling with plaintiffs for compensation including lost wages and medical bills. A settlement with one or several plaintiffs can occur at any time during MDL.

Future plaintiffs are encouraged to act with urgency if they wish to file a Zimmer hip replacement lawsuit. Depending on region, statute of limitations rules may prevent a plaintiff from filing a lawsuit after more than 2 years has elapsed since a plaintiff first experienced Zimmer hip side effects.

In some instances, however, statute of limitations rules don’t come into play until a plaintiff becomes aware that his or her side effects are the result of a defective product. In other instances, a judge may choose to extend or “toll” the statute of limitations involved in a particular case.

To know with any certainty if statutes of limitations rules can prevent filing, potential plaintiffs are encouraged to speak to an experienced Zimmer hip lawyer about their case.

The first bellwether trials in consolidated Zimmer hip litigation may begin later this year.