Co-Liaison Counsel to Plaintiffs In Zimmer Hip MDL Granted Fees and Expenses
In a recent order signed March 5, 2012, Judge Madeline Cox Arleo for the U.S. District Court, District of New Jersey—the location of the Zimmer Durom Cup hip implant MDL—ordered the defendants to transfer $501,140 to the plaintiffs’ co-liaison counsel. The monies had been set aside in a “common benefit fund” to cover the time and expenses of counsel who provided a common benefit to all plaintiffs.
The source of the money in the fund came originally from all Zimmer hip settlements procured as part of the MDL litigation. Plaintiffs who filed a Zimmer hip replacement lawsuit and obtained a settlement contributed 4 percent of the settlement amount to the common benefit fund.
Lawyer seeking Zimmer hip settlements provides summary of completed tasks
Co-liaison counsel for the plaintiffs in the Zimmer Durom Cup hip implant MDL, submitted a motion on March 2, 2012, detailing the attorney’s time and expenses.
According to the motion, the appointment was made on September 23, 2010. Under the case management order dated January 1, 2011, each plaintiff procuring Zimmer hip settlements from a Zimmer hip replacement lawsuit was to contribute 4 percent of that settlement amount to help pay for the time and expenses incurred by the liaison counsel.
According to the motion, liaison counsel performed numerous tasks providing a common benefit to all Zimmer hip replacement lawsuit plaintiffs, including “setting up and coordinating the mediation protocol, negotiating discovery requests, addressing scheduling issues, [and] attending court conferences.”
The total time expended totaled 956.1 hours, for a total lodestar of $538,410, figured at $563.13 per hour. They also listed over $40,000 in expenses.
The total amount in the common benefit fund as of February 15, 2012 was $506,140.
More plaintiffs filing a Zimmer hip replacement lawsuit
In the March 5 order, Judge Arleo instructed the defendants to transfer all monies in the common fund to the Zimmer hip replacement lawsuit plaintiffs’ co-liaison counsel within seven days. She also directed the counsel pay the monies to themselves in accordance with the agreement among them.
Meanwhile, plaintiffs continue to come forward to file a Zimmer hip replacement lawsuit, most claiming injuries like premature loosening and metal poisoning that require revision surgery. Those cases transferred to the Zimmer Durom cup implant MDL seek to procure Zimmer hip settlements in excess of $75,000.