Zimmer Hip Lawsuits | Zimmer Hip Replacement Recall

Zimmer Hip Lawsuits Still Pending in New Jersey MDL

Shay Morrigan | March 19th, 2012

On June 9, 2010, the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated all federal Zimmer hip lawsuits into one court in the District of New Jersey, under Judge Susan D. Wigenton. At the time, about 45 cases were involved in federal Zimmer hip litigation. All blamed manufacturer Zimmer for injuries related to the Zimmer Durom cup, which was temporarily pulled from the market for three months in 2008. The product was put back on the market after a short safety review, however.

Today, Zimmer hip multidistrict litigation has grown, with the first Zimmer hip lawsuits still awaiting trial. Despite questions plaintiffs have raised about the safety of the Durom cup hip, neither the manufacturer nor the FDA has issued a Zimmer hip replacement recall.

Consolidation increases efficiency in handling Zimmer hip litigation

Consolidating all federal Zimmer hip litigation into one court helps to increase efficiency in pre-trial proceedings and reduces the chances for inconsistent rulings. All cases typically have similarities in the injuries claimed, the defendants blamed, and the products at issue.

In the case of Zimmer hip litigation MDL, the plaintiffs typically blame Zimmer for failing to warn of the alleged risks associated with the Durom cup implant, such as the tendency to loosen prematurely and to shed metal fragments into the surrounding tissues and bloodstream.

Plaintiffs in Zimmer hip litigation seek compensation to help cover medical costs and loss of wages, among other losses. Though all lawsuits in the Zimmer hip MDL will share pre-trial discovery, each will proceed individually when it goes to trial.

Though there has been no Zimmer hip replacement recall, the FDA has required manufacturers of all-metal hips like the Durom cup to conduct additional investigations into the safety of the implants.

Zimmer hip litigation still underway

So far, Judge Wigenton has not named the first of the MDL lawsuits to go to trial. According to an MDL Statistics Report from the JPML, 75 cases are still pending in the current Zimmer hip litigation MDL.

The first bellwether trial was expected to proceed in 2012, but as recently as the end of January, Zimmer was still working to gather evidence from Switzerland, where the Durom Cup was originally designed and manufactured.

Meanwhile, new Zimmer hip lawsuits have continued to be transferred to the MDL as recently as February 2012, with plaintiffs alleging injuries requiring them to go through additional revision surgeries, and blaming the manufacturer for failing to, if not implement a Zimmer hip replacement recall, then at the least to warn consumers of the risk of complications.