Zimmer Hip Lawsuits: Class Actions, Individual Claims
Very often, plaintiffs express confusion about Zimmer hip class action lawsuits and individual claims for damages. Simply stated, the class action lawsuit is a type of lawsuit in which a number of individuals bundle their claims together and bring the lawsuit collectively before the court. Any settlement or jury verdict granted in favor of the plaintiffs would then be divided equally among claimants according to predesignated criteria. An individual Zimmer hip lawsuit on the other hand is concerned only with the claims of the individual plaintiff.
Zimmer hip class action lawsuit filed in Canada
While a Zimmer hip class action lawsuit has been filed in Canada, none have yet been filed in the U.S. Instead, Zimmer hip lawsuits have been consolidated into multidistrict litigation; a process which acts to streamline the process of litigation by redirecting all pretrial matters before a single judge, thereby maximizing the efficiency of the court.
Relative benefits to each type of Zimmer hip lawsuit
Class action lawsuits have the potential to yield high pretrial settlements with defendants risking considerable amounts in the face of so many claims at once. Aggregation of so many awards can cause tremendous injury to a defendant who potentially faces corporate ruin in the event of an unfavorable verdict.
On the other hand, individuals who suffered a more significant injury in comparison to other similarly situated plaintiffs or if the financial consequences relevant to the situation at hand are more excessive than the norm – an individual Zimmer hip lawsuit may be more advantageous.
For the time being, in the U.S., recipients of the recalled Zimmer hip implants will continue to file individually pursuant to the 2010 order redirecting all Zimmer recall lawsuits to the District of New Jersey, Judge Susan Wigenton presiding.
Basis for Zimmer hip lawsuits
The Zimmer hip lawsuits are the result of high failure rates, lack of proper warnings, and lack of proper surgical training regarding implantation of the Zimmer Durom Hip Replacement Cup.
Dr. Larry Dorr is a prominent orthopedic surgeon who noticed problems with the Durom cup amongst his patients. He wrote an open letter to the members of the American Association of Hip and Knee Surgeons in April 2008 in which he complained that the Durom Cup from Zimmer had serious problems bonding with the bones and was failing at an alarmingly high rate.
According to Dr. Larry Dorr:
1. Dr. Dorr performed 165 surgeries using the Durom Cup. Fourteen of the 165 required revision surgery within 2 years of the original implant surgery.
2. Dr. Dorr claimed the Durom cup was defective based on these numbers.
3. During multiple revision surgeries it became obvious to Dr. Dorr that the cup’s fixation surface was problematic. A circular cutting surface on the edge of the cup was blocking it from “fully seating.”
Sales of the Durom Cup were suspended in July after Zimmer distributed a letter to their healthcare providers indicating that an investigation would begin in response to complaints regarding the Zimmer Durom Cup. Approximately 12,000 Zimmer hips have been implanted in the U.S. Reportedly, the defendant has set aside at least $ 100 million dollars to pay for the increasing number of Zimmer hip lawsuits being filed every day.