Zimmer Hip Mediation Underway
Dozens of Zimmer hip claims have proceeded to mediation, in what may signal a coming end to more than 5 years of Zimmer hip replacement litigation.
In December it was announced that more than 45 plaintiffs, whose cases had been consolidated in New Jersey, had agreed to meet individually with representatives of Zimmer Inc. to discuss fair compensation for receiving an orthopedic device that was admitted to be fraught with defects.
Zimmer Inc. temporarily suspended sales of its Durom Cup, a cementless acetabular hip component, after reports of high revision rates were publicized in 2008. At the time, more than 12,000 Americans had been fitted with the device.
Zimmer MDL a consolidation of cases
In June 2010, the judicial panel on multidistrict litigation (JPML) consolidated the Zimmer hip claims made by plaintiffs in federal courts across the country, funneling Zimmer hip replacement litigation into a New Jersey federal court, where they underwent shared pretrial proceedings overseen by Judge Susan D. Wigenton.
Plaintiffs and Zimmer Inc. agreed to mediation only after Zimmer Inc. announced that it had set aside nearly $150 million to pay for legal costs and settle with recipients of the Durom Cup.
Zimmer Hip mediation over sought settlements
Today, Zimmer hip mediation is occurring in private meetings across the country, with each plaintiff eligible to receive settlements commensurate with his or her injuries incurred because of the defective hip component.
In mediation, a third party or mediator is assigned to help sides reach a fair settlement. Damages awarded in mediation are often less valuable than those procured through jury decision, but in almost all instances of mediation, plaintiffs win something. Plaintiffs who take their cases to trial are not guaranteed to come away with anything.
Although mediation is underway, Durom Cup recipients who have not yet filed a claim may still be eligible to join the Zimmer hip replacement litigation. An experienced product liability attorney can help a Durom Cup recipient decide if joining Zimmer hip replacement litigation is the best course of action.