Zimmer Hip Multidistrict Litigation | Zimmer Hip Lawsuits

Zimmer Hip Class Action Lawsuit

J. Cooper Carlisle | April 28th, 2011

The discussion regarding Zimmer Hip lawsuits regarding hip implant failure due to the Durom Acetabular Component system or Durom Cup manufactured by Zimmer Holdings, Inc. continues to gain momentum with many plaintiffs expressing confusion as to whether these are class actions lawsuits or individual claims being brought against the company. Many are also wondering whether it is more advantageous to join a Zimmer class action lawsuit or file one individually. The United States legal system can sometimes be difficult to navigate, especially when one is injured by a medication or device like those affected by the Zimmer Durom Cup, so it is always best to seek advice from an experienced Zimmer hip lawyer.

Zimmer Hip class action lawsuit in the US

Although class action lawsuits have been filed in Canada against Zimmer none have been filed in the United States that will provide compensation to those injured by the device. However, a class action suit has been filed by shareholders who had purchased stock in Zimmer Holdings from January 28 to July 21 of 2008 alleging that the firm made material misrepresentations when it failed to disclose the problems with the Durom Cup implants that ultimately led to Zimmer’s voluntary suspension of sales on July 22, 2008, which has sometimes erroneously been referred to as a Zimmer Hip recall. A class action lawsuit is a form of civil suit in which a plaintiff seeks the courts approval to litigate on behalf of a large group of similarly injured individuals that have brought a claim against a defendant. This type of action can work to the advantage of plaintiffs when the expectation of recovery is so small that there is no incentive for an individual to bring a solo action to court. When the individuals are combined into a group then the expenses and settlements can be shared equally among the plaintiffs.

Zimmer Hip lawsuits have significant differences

For individuals who have suffered debilitating injuries, including the necessity for hip revision surgery due to medical device failures, as with those who have filed Zimmer Hip lawsuits; although the cases and complaints may be somewhat similar, each case is different. Some individuals may have more medical expenses than others; the damage caused by the failure of the prosthetic hip implant may be more severe, and the long-term effects may be greater. In these situations individual suits are usually the best way for plaintiffs to recover an appropriate amount for damages caused by the defendant. An individual can, however, be a joinder in a lawsuit, which is a process where two or more legal issues can be heard in one trial. In a civil lawsuit when two or more individuals’ claims are heard in one suit or trial it is called a permissive joinder. It allows multiple plaintiffs to join in an action as long as each of their claims arises from the same transaction or occurrence and there is a common question of law or fact relating to all the claims.

Zimmer Hip multidistrict litigation

The basis for the Zimmer hip lawsuits has to do with the higher than expected rates of cup loosening reported by US surgeons; the lack of proper surgical training, which was the reason for the product’s 2008 voluntary market withdrawal; and the lack of adequate warnings relating to the product. At this time there appears to be a large suit pending in St. Clair County, IL. The case, Britton v. Zimmer, Inc. with the honorable Robert P. Lechien presiding, remains open and does not appear to be part of the Multidistrict Litigation (MDL) that is pending in the District of New Jersey. As of March 15, 2011 there were 68 actions pending in the Zimmer Hip Multidistrict Litigation, MDL 2158, with the total being 102 according to the Judicial Panel on Multidistrict Litigation’s web page.