Zimmer Hip Replacement Lawsuit Settlement Status
In 2008, when Zimmer Holdings, Inc. realized that numerous lawsuits regarding their Zimmer hip replacement system were pouring in from all over the United States, they created a litigation fund, initially with $47 million, to help the company deal with expenses associated with settlements, payouts, and other legal expenses. That figure nearly tripled to $145 million in 2010. The current estimate is that over 12,000 plaintiffs will enter litigation proceedings alleging Zimmer Durom Cup hip failure. The average estimated value of those lawsuits varies depending on the extent of damage caused by Zimmer hip replacement problems.
Zimmer Hip Replacement Problems Revealed by LA Surgeon
Two years after the US Food and Drug Administration (FDA) approved the Zimmer hip replacement system for use in the US in 2006, numerous complaints about failure and migration started to pour into their office. At the time, Dr. Larry Dorr, an experienced orthopedic surgeon in Los Angeles, California, was a consultant for Zimmer. He had used the Zimmer hip in a number of his patients. When he began to notice that the implant was failing, he warned Zimmer and wrote a letter to the American Association of Hip and Knee Surgeons telling them of the rate of failure he had noticed with that implant. Zimmer pulled the Durom Cup off of the market and studied the design of the Cup looking for flaws. They claim they found none, citing that the implant was doing well in Europe. Zimmer then went on to blame the failure rate on poor surgical technique and faulty training practices, and subsequently re-released the device back on the market.
Zimmer Hip Replacement Lawsuit Settlements
All Zimmer hip replacement lawsuits in the United States were consolidated in MDL in June 2009, under the supervision of Judge Susan D. Wigenton of the District of New Jersey. To those patients who have not yet joined in the litigation proceedings and need corrective surgery, Zimmer has offered to settle with many of them.
Zimmer hip lawyers caution that these settlement offers may be insufficient and are being made for the benefit of the device manufacturer who will escape litigation costs if their offers are accepted. For now, Zimmer hip replacement settlements pursuant to previously filed lawsuits are still tied up in court. No settlements are expected until late 2011 or early 2012 as the MDL progresses, discovery concludes, and litigants prepare for trial.