Various Damages Sought in Zimmer Hip Lawsuits
Zimmer hip replacement lawsuits are increasing as more patients with the Durom cup report a high rate of hip failure and hire a Zimmer hip lawyer work to get compensation for their client’s injuries. Some of the complaints filed in court reveal the various damages demanded by these lawyers as they try to reach a fair Zimmer hip settlement for those who have been injured.
Declaratory Relief in Zimmer Hip Replacement Lawsuits
Papaccio v. Zimmer Holdings, a personal injury and product liability tort filed in the U.S. District Court in the Middle District of Florida on July 11, 2011 asked for declaratory relief. Declaratory relief is not compensation included in a Zimmer hip settlement. Rather, it asks for clarification of a particular point of the case.
Declaratory relief can be beneficial to both the plaintiff and the defendant, because it helps to move the litigation along without getting hung up on a certain point the two sides are unable to agree upon. The clarification offers a point of reference on how each party should behave during the Zimmer hip replacement lawsuit to ensure a smooth litigation process.
Compensatory vs. Punitive Damages in Zimmer Hip Settlements
Two other types of damages often sought in a Zimmer hip replacement lawsuit are compensatory and punitive damages. For example, in the case of David R. Prince v. Zimmer Inc.; a Zimmer hip lawsuit filed in the U.S. District Court in the Central District of California, the plaintiff is seeking both compensatory and punitive damages from the defendant.
Compensatory damages are requested to replace what was lost by the plaintiff, whether medical bills, loss of income or compensation for pain and suffering. In contrast, punitive damages in a Zimmer hip settlement are those that serve to punish the defendant for his negligence or conduct, and deter such action in the future. In some states, the amounts of these damages may be limited under law.
Zimmer Hip Lawyers Seek Disgorgement of Profits
Another type of relief sought by some Zimmer hip lawyers, such as in the Papaccio lawsuit, is disgorgement of profits. Disgorgement of profits is an effort by the Zimmer hip lawyer to prevent unjust profiting from a device that has caused the plaintiff injury. It is not considered a punishment, like punitive damages, but rather a remedy for an unjust situation when profits were made illegally or by unethical acts.
Not all of these damages are included in every Zimmer hip replacement lawsuit. A qualified, experienced Zimmer hip lawyer will know how to examine the details of a specific case to know which damages should be included in a specific Zimmer hip settlement. Each case may feature its own unique set of facts that qualifies it for certain allowable damages on behalf of the plaintiff.