Zimmer Hip Problems | Zimmer Hip Lawsuits Avoided

Zimmer Hip Lawsuit Settlement Could Preclude Trial

J. Cooper Carlisle | September 29th, 2011

When a Zimmer hip lawyer is able to negotiate a settlement between his or her client and the defendant, the need for a trial is eliminated. Such was the case for a number of Zimmer hip lawsuits involved in multidistrict litigation (MDL) in New Jersey since June 2009. (Cases involve the Zimmer Durom Cup hip implant device.) Faced with reports of Zimmer hip problems, some requiring hip revision surgery, and expanding litigation, Zimmer set aside funds to cover settlements and has since been working toward avoiding negative publicity about their products.

A Zimmer hip lawyer can best advise a plaintiff as to whether or not settling is within his or her best interests. A particular Zimmer hip lawsuit, for instance, may have a better chance at fair compensation if it proceeds to court. Several cases are doing just that, while more continue to be transferred to MDL.

New York Zimmer hip lawsuit transferred to MDL

Plaintiffs Mark and Elda Doneson originally filed their Zimmer hip lawsuit on July 5, 2011, in New York, but the case was recently transferred to MDL in New Jersey. Since the plaintiffs are residents of New York and Zimmer is a Delaware corporation with headquarters in Indiana, the case meets the requirement for “complete diversity,” meaning that the plaintiffs and the defendants reside in different states.

The Donesons are also seeking damages for Zimmer hip problems in excess of $75,000 (their complaint states they seek not less than $5,000,000), which means they meet the required amount in controversy for federal jurisdiction.

All cases considered for transfer to MDL must meet these two requirements—complete diversity and amount in controversy. Whether or not the Doneson’s Zimmer hip lawyer will recommend they seek early settlement or go to trial remains to be seen.

Zimmer hip lawsuit settlements or trial?

Shortly after the decision to consolidate each Zimmer hip lawsuit into MDL, U.S. Magistrate Judge Madeline Cox Arleo granted an extension of time for the defendants to respond to complaints and continue settlement negotiations. Several cases were settled as a result, but on May 3, 2011, the judge lifted the stay on the remaining seven Zimmer hip lawsuits so that pretrial proceedings could begin. Each Zimmer hip lawyer provided updates on his or her case at the status conference on June 29th, and since then has continued to prepare for future trial.

The remaining cases in the MDL as well as those that have been transferred in are scheduled to go to court in 2012, but it’s not clear at this point which cases may be chosen to go first. Verdicts in the early trials will likely determine whether additional settlements may be negotiated.