Unresolved Zimmer Hip Mediations Trigger Trial Preparations
Zimmer hip litigation is heading for the courtroom this summer. Judge Arleo issued an order on May 3rd, 2011 allowing parties to lift the stay on discovery proceedings with respect to seven Zimmer hip replacement lawsuits designated as non-settling cases.
Mediation unable to achieve Zimmer hip settlements
While many Zimmer hip lawyers have been able to successfully negotiate settlements on behalf of their clients, these seven cases have already undergone mediation and have so far been unable to produce a pretrial settlement. These Zimmer lawsuits will continue through the litigation process with deposition set to begin on or around June 15th. A status conference will take place on June 29th at which time Zimmer hip lawyers will report their progress, and set future hearing and perhaps, future trial dates.
Allegations of Zimmer hip litigation
Zimmer hip litigation is based on allegations of the high rate of hip implant failure in the Zimmer Durom Cup hip implant. The implant was first introduced in the United States in 2006. The design was meant to avoid problems that are typical of hip replacement including: instability of components, wear of the bearing and other moving parts, and limited range of motion.
Zimmer had high expectations for the Durom Cup and enjoyed early economic success with the hip replacement model. However, reports by patients and orthopedics alike raised the notion that the model was defective and resulted in an alarming rate of failure that required premature hip revision surgery.
Between the years 2006 and 2008, approximately 12,000 patients received the Durom Cup. Zimmer estimated that the hip implant failure rate was as high as 5.7%. Other experts in the industry estimated that the failure rates were drastically higher than this already staggering number. Some offered estimates as high as 20-30% failure rates attached to the Zimmer Durom Cup hip implant.
Zimmer issues voluntary suspension of sales
In July of 2008 Zimmer issued a voluntary suspension of sales for the Durom Cup. This action was not intended as a formal Zimmer hip recall, but rather a temporary measure. The company took that time to research the allegations, make revisions to reading material issued in conjunction with the implant, and update the surgical techniques and training necessary for proper implantation of the Durom Cup hip replacement system.
Zimmer Hip lawsuits consolidated in multidistrict litigation
Zimmer hip replacement lawsuits were consolidated in the U.S. District court for the District of New Jersey in June 2010. This multidistrict litigation included all Zimmer Durom Cup hip lawsuits filed federally in the U.S.
It was when the Zimmer hip lawsuits were first centralized into MDL that U.S. Magistrate Judge Madeline Cox Arleo issued the stay for all discovery proceedings. This order was issued in an attempt to allow for the necessary mediation in hopes that the parties would be successful in reaching a Zimmer hip settlement agreement.
The current order removes the stay for the remaining seven cases allowing Zimmer hip lawyers to proceed with lawsuits against the orthopedic manufacturer. Other lawsuits subject to the original mediation order were able to reach a resolution, many of which resulted in workable Zimmer hip lawsuit settlements.