Zimmer Hip Litigation Proceeds in New Jersey
Pretrial discovery is getting underway in consolidated Zimmer hip litigation, nearly 3 years after the company suspended sales of a controversial hip replacement component called the Durom Cup.
On May 3, US Magistrate Judge Madeline Cox Arleo of the US District Court of New Jersey lifted a previously mandated stay on several “non settling” cases, thereby allowing those cases to proceed to discovery, a crucial step before trial.
The stay was previously ordered to allow plaintiffs and defendants to reach a Zimmer hip lawsuit settlement in court ordered mediation. Many Durom Cup settlements were reached in this way, drawing undisclosed settlements from a pool of nearly $150 million that was set aside by Zimmer Inc.
Zimmer hip lawsuit trials to follow unresolved mediations
At least 7 plaintiffs involved in the MDL made little or no progress in reaching a Zimmer hip lawsuit settlement in mediation. It is the lawsuits brought by those plaintiffs that were designated “Non-Settling Cases” and that may proceed to trial later this year or next.
Zimmer hip replacement problems at heart of conflict
The Zimmer Durom Cup is a cementless monoblock acetabular component that was introduced to the US market in 2006. Orthopedic surgeons soon reported higher than normal rates of Zimmer hip replacement problems associated with the Durom Cup. And in July 2008, Zimmer Inc. responded by temporarily pulling the component from the US market. By that time more than 12,000 American patients had already been fitted with the device.
A number of these patients have since retained Zimmer hip lawyers to participate in the multidistrict litigation (MDL) set in the US District Court for the District of New Jersey. Judge Susan D. Wigenton was assigned to oversee the Zimmer hip litigation.
Upcoming events to watch as Zimmer hip litigation unfolds
On June 15, 2011 attorneys for plaintiffs and defendants in consolidated Zimmer hip litigation will be allowed to start taking depositions in the Durom Cup litigation. A status conference for Zimmer hip litigation is scheduled for June 29. It may be months or years before any of the lawsuits reach trial. Plaintiffs and defendants may choose to reach a Zimmer hip lawsuit settlement before the litigation reaches that stage.