Zimmer Hip Litigation Moves Ahead on June 29
The march to a trial date for Zimmer hip litigation advances on June 29, 2011, when the next status conference is scheduled. Many previous federal cases were steered into lucrative out-of-court settlements by a Zimmer hip lawyer. What then can plaintiffs expect from “non-settling” Zimmer hip litigation?
At the June 29 status conference, a Zimmer hip lawyer will consult with presiding Judge Madeline Cox Arleo and a Zimmer hip lawyer for the defendant to iron out critical issues regarding ground rules for pre-trial discovery and depositions. The first bellwether trial has yet to be selected or scheduled for trial.
Federal Zimmer hip litigation across the country was consolidated in 2010 into multi-district litigation (MDL) for the purpose of streamlining pre-trial procedures and encouraging an orderly protocol for pre-trial settlements.
Zimmer hip settlements come quicker right before MDL
Judge Arleo recognized at the outset of MDL designation that mediation in past Zimmer hip litigation between a Zimmer hip lawyer for the plaintiff and one for the defendant had resulted in a high frequency of settlements arrived at before trial. For this reason, Judge Arleo chose to initially delay discovery and other pre-trial hearings in MDL Zimmer hip litigation to give the disputing sides a chance to reach mutually agreed upon settlements.
The year-long pro-settlement window designated by Judge Arleo resulted in numerous pre-trial settlements brought to fruition by a Zimmer hip lawyer. By May 3, 2011, however, any Zimmer hip litigation that had not been resolved by an out-of-court settlement was ordered back into the courts.
Bellwether Zimmer hip lawsuit cases first to go to court
MDL is designated by a federal judicial panel to simplify the pre-trial hearings of multiple individual lawsuits which all share similar plaintiff complaints, defendants, and hypotheses as to cause. An individual MDL judge will select one or more representative cases to go to trial first as “bellwether” cases. These trials are meant to establish a precedent for all trials to follow, both in terms of verdict as well as amoubt of damages that will be awarded.
As Judge Arleo recognized, pre-trial settlements are traditionally more likely to result when cases are grouped into MDL.
After the voluntary Zimmer hip recall in 2008, much Zimmer hip litigation was introduced into court by a Zimmer hip lawyer. The artificial hip device was removed from the market after a scientific study showed that 8% or more of Durom Cup implants required replacement after only two years.