Zimmer Hip Plaintiff Targets Settlement Fund
Sixty-three year old Tennessee resident Walter Thomas is just one of many plaintiffs who have filed a Zimmer hip replacement lawsuit because of serious problems associated with the Zimmer Durom Cup artificial hip.
Zimmer hip replacement lawsuit allegations
As part of his Zimmer hip lawsuit, the retired manufacturing plant supervisor alleges to have suffered excruciating pain as a result of multiple device dislocations, which ultimately forced him to undergo two separate revision surgeries. He has since been left, he claims, with a permanent limp due to the injuries caused by the defective Durom Cup hip implant, which he first received in 2007. Says Thomas of his Zimmer hip replacement lawsuit, “this is about holding Zimmer accountable for what they did to me.”
Plaintiffs seeking Zimmer hip settlements
Thomas’ story is similar to that of many other patients who filed a Zimmer hip replacement lawsuit after the artificial hip maker voluntarily suspended sales of its Durom Cup hip in 2008 in order to investigate the cause of adverse event reports. Plaintiffs in a Zimmer hip lawsuit seek either compensatory damages from a jury trial, or out-of-court Zimmer hip settlements.
So far, the precedent is strong for confidential Zimmer hip settlements to be reached before a Zimmer hip replacement lawsuit ever reaches trial.
Zimmer hip lawsuits consolidated
After every Zimmer hip lawsuit filed in a federal court across the country was consolidated into MDL in 2010, supervising U.S. Magistrate Judge Madeleine Cox Arleo of the U.S. District Court of New Jersey issued a stay for all pre-trial hearings. The purpose of the delay was to allow lawyers for Zimmer to negotiate out-of-court Zimmer hip settlements with plaintiffs, and so avoid the cost in time, money and court resources of taking each Zimmer hip replacement lawsuit to trial. Judge Arleo’s decision derived from the fact that mediation in previous Zimmer hip lawsuits had frequently produced satisfactory pre-trial Zimmer hip settlements.
Zimmer hip settlement fund
To pay for the Zimmer hip settlements, Zimmer established a settlement fund that began at $47.5 million in fall of 2008 and increased to a reported $145 million in 2010. Though Zimmer has made no further public announcements to confirm or deny, it is assumed that this total has grown even higher over the course of the past year.
In May of 2011 Judge Arleo lifted her year-long Zimmer hip lawsuit stay and ordered the non-settling cases to start advancing toward trial. The first bellwether MDL trial is expected to begin in 2012.