Zimmer Holdings, which is a publicly traded company that made over $4 billion in revenue in 2009 alone, is facing a slew of lawsuits over their Durom Cup hip replacement system. Patients using the device have experienced various side effects and complications from the defective hip implant, in many cases making life more difficult and causing extensive pain and bodily harm. Although pretrial proceedings for the multidistrict lawsuit surrounding the case may get underway as soon as later this year, Zimmer may try to reach a settlement with plaintiffs.
Zimmer has set aside more than $100 million to handle costs associated with settlements and lawsuits related to their Durom Cup implant system. The company has also already reached out to some victims of the faulty implant, especially those who have had to undergo painful and complicated hip revision surgery to remove and replace the implant. A lawyer for these victims might suggest that they do not take the settlement, which most likely will not represent fair compensation for the suffering they have had to undergo as well as the pain they may continue to experience in the future due to the nature of the implant system. More likely, these patients should file suit against Zimmer in order to receive a greater amount of compensation.
Lawsuits related to the Zimmer case have been consolidated into a multidistrict litigation case, which will help speed them through the judicial system. Although there were only 45 lawsuits when the case was approved for multidistrict litigation, experts estimate that there could be hundreds by the time pretrial proceedings begin. The cases, filed in federal courts nationwide, will take place in the District of New Jersey, under Judge Susan D. Wigenton. Although there is no telling what kind of settlement patients may receive, the decision to consolidate the Zimmer hip lawsuits and put them through the New Jersey court brings plaintiffs closer to compensation.