Idaho Couple Seeks Time to Negotiate Possible Zimmer Hip Settlement
On May 21, 2012, U.S. District Judge Madeline Cox Arleo signed an order granting an Idaho couple more time to potentially negotiate a Zimmer hip settlement. Plaintiffs Douglas and Noreen Davis claim that Zimmer is responsible for injuries sustained by Mr. Davis as a result of being implanted with the Zimmer Durom Cup hip device. The case was originally filed in Idaho, but was later transferred to the current Zimmer MDL in New Jersey, where the motion for the delay was filed. Since both parties seem interested in resolving the case outside of court, the judge has granted them additional time to pursue this possibility.
Zimmer hip implant lawsuit plaintiffs claim device failed to perform
The Davis’s originally filed their Zimmer hip implant lawsuit on October 10, 2011, alleging the Durom Cup failed to perform as expected. Approximately two months later, the case was transferred to the Zimmer Durom Cup MDL.
The Davis’ allege that Douglas has suffered debilitating injuries from having both hips replaced with the allegedly defective metal-on-metal hip replacement system. He has experienced pain, difficulty walking, and difficulty getting up from a seated position, and may be facing revision surgery. Mrs. Davis is a registered nurse, and notes that she has cared for her husband at great personal and professional cost.
Steps toward negotiating a Zimmer hip settlement
On January 3, 2012, the plaintiffs’ Zimmer hip lawyer sent the complaint and a waiver of service summons form to the defendant, Zimmer Holdings, Inc. Since then, counsel for Zimmer has requested several extensions to allow the parties to discuss the possibility of resolving the lawsuit.
Discussions have been ongoing, but a face-to-face meeting has been complicated by Mr. Davis’s medical needs. The plaintiffs’ Zimmer hip lawyer asked for an extension of the deadline to serve the complaint until September 1, 2012.
Judge Arleo granted the motion, giving both the plaintiffs and the defendants more time to pursue a joint Zimmer hip settlement solution.
Zimmer hip problems prompt investigations
Meanwhile, other cases alleging injuries from the Zimmer Durom Cup continue to proceed in the MDL. Reports of problems with the Durom Cup and other metal-on-metal hip implants has spurred several investigations, the latest one announced recently by the FDA. The agency has committed to an intensive two-day review of the implants on June 27–28, 2012, with the goal of determining if future safety measures are required.
In addition, British researchers at the National Joint Registry of England are calling for all sales of metal-on-metal hips to be halted, after an extensive study found that six percent failed within five years. Traditional plastic or ceramic implants have a failure rate of only 1.7 to 2.3 percent.