Deadlines Pass in Consolidated Zimmer Hip Litigation
Zimmer hip lawsuits are moving forward in a New Jersey court as scrutiny grows over metal-on-metal hip replacement systems.
On Wednesday, June 15, attorneys for plaintiffs and the defense will be able to begin taking depositions in consolidated Zimmer hip litigation.
The depositions will be used in upcoming litigation over the Durom Cup, an acetabular hip replacement component that was briefly taken off the market in 2008 after a study found the device to be linked to a high rate of complications and revision surgery.
Money set aside for Zimmer hip settlements
Zimmer Inc., manufacturer of the device and one of the largest medical device manufacturers in the world, has set aside nearly $150 million to compensate people who filed Zimmer hip lawsuits over the Durom Cup.
A number of people involved in the Zimmer hip litigation have accepted settlements during mediation, but several claims remain unsettled. They are moving forward in the US District Court for the District of New Jersey, where they are consolidated in a legal process called multidistrict litigation (MDL).
US Magistrate Judge Madeline Cox Arleo is overseeing the Zimmer hip lawsuits. After one or two go to trial, the remaining claims may be remanded to the districts where they were filed, as MDL rules dictate.
Depositions taken for Zimmer hip lawsuit cases
The taking of depositions is one of the first steps in civil litigation leading up to trial. The testimony taken during a Zimmer hip deposition will be recorded by a Zimmer hip lawyer and potentially used during trial. Witnesses who give depositions may be called into court to clarify or back up their claims.
On June 29, a Zimmer hip litigation status conference will take place during which further rules governing the litigation will be discussed.
The Durom Cup litigation moves forward in New Jersey as a larger wave of litigation over hip replacement systems swamps US courts. In May, the FDA asked 21 companies, including Zimmer, to submit post-operative performance reports for metal-on-metal hip systems implanted throughout the United States.
The FDA request follows an August 2010 recall of 93,000 hip systems manufactured by DePuy Orthopaedics, one of Zimmer’s main competitors, as well as mounting DePuy and Zimmer hip lawsuits.
The first Durom Cup trial could take place later this year.