As a Zimmer Durom Cup hip lawsuit attorney, I am provided this litigation update.
The pending federal Zimmer Durom Cup hip lawsuits that were consolidated and stayed in the multidistrict litigation, or MDL, are now starting to move forward, as Zimmer has been ordered to answer the complaints in cases where mediation has occurred and no settlement has been reached.
Some Zimmer Durom Cup settlement agreements have been reached, and mediations are continuing in other claims. At least seven lawsuits were designated this month as “Non-Settling Cases”, which will allow discovery to begin.
In June 2010, all product lawsuits regarding Zimmer Durom Cup hip replacements were consolidated and centralized as part of an MDL in the U.S. District Court for the District of New Jersey.
In a recent court order, Judge Arleo lifted the stay with respect to the non-settling Zimmer Durom Cup lawsuits, allowing the parties to begin the exchange of information needed to prepare the cases for trial. The parties have been permitted to proceed with depositions with respect to common issues and case-specific issues in the non-settling cases.
The Zimmer Durom Cup hip implant was first introduced in the United States in 2006, and almost immediately complaints emerged about a high number of hip replacement failures involving the Zimmer Durom Cup, where the component loosened and required revision surgery.
A temporary Zimmer Durom Cup recall was issued in July 2008, so that revisions could be made to the product’s warnings and instructions to ensure that doctors were properly trained on the surgical techniques needed to implant the artificial hip correctly. Read the FDA Zimmer Durom Cup recall packet.
Approximately 12,000 individuals had the Zimmer Durom Cup hip system implanted between 2006 and 2008. While Zimmer’s 2008 estimates suggested that failure rates as high as 5.7%, some claims have suggested that between 20% and 30% of people may experience problems with a Zimmer Durom Cup hip.
Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-717-1772. If you or a loved one has been injured from ZIMMER DUROM CUP HIP REPLACEMENT, please fill out our contact card for a free consultation.