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The Zimmer Durom Cup hip replacement, manufactured by Zimmer Holdings, Inc., has been the subject of a multitude of personal injury cases across the country. Lawsuits are still being filed based on claims that the device is defective.
The purpose of the hip replacement device is to increase mobility of users and decrease their pain, but, it instead has a high rate of defect, which some believe might be as high as 30%. The hip replacement was taken off the market briefly in 2008 but was then put back on. The defective devices are causing user’s joint pain among other complications and resulting in the need for corrective surgeries and long recoveries.
Many of the cases relating to this model of hip replacement have been filed in the U.S. District Court for the District of New Jersey. In the interest of time and efficiency, the courts have used multidistrict litigation to consolidate the cases so that the litigants may work collectively toward settlement. Individuals have also filed cases in other jurisdictions as a plaintiff with a hip replacement claim is not required to join in the consolidated litigation and can bring a case in another state.
Most of the cases fall into the product liability category of personal injury law. In order to have a successful claim for product liability the plaintiff must prove that the product was defectively designed, manufactured or marketed. In this type of civil litigation, monetary damages can be awarded by the court.
Some of these cases have been settled using mediation. A small number of cases have gone to trial but most have been settled outside of court. Zimmer Holdings, Inc. has settled with plaintiffs in an amount totaling over $400 million dollars. The company plans to continue to settle claims and in 2012 stated that they expected to spend approximately $520 million dollars before all claims were settled. With new cases being filed against them all the time, this number may no longer be realistic.
The attorneys at Nagel Rice have years of experience representing clients in personal injury cases. While most personal injury cases are settled out of court, Nagel Rice attorneys also focus on litigation and can bring your case to court if necessary. If you think you may have a personal injury claim, call us at (973)618-0400.