Monday, January 30, 2012

Differing Zimmer Hip Lawsuit Damages Sought

Varied types of relief and damages, monetary and non-monetary, have been sought in recent Zimmer hip lawsuits. These lawsuits are increasing rapidly because many more patients are alleging Zimmer hip failure from the use of the Durom cap. These patients are hiring Zimmer lawyers to attempt to be awarded damages and compensation for their injuries. Some of the cases show the different types of damages and relief requested.

Lawsuit Filing of Papaccio vs. Zimmer Holdings

On July 11, 2011, a personal injury and product liability tort lawsuit, Papaccio v. Zimmer Holdings, was filed in U.S. District Court in the Middle District of Florida. This case requested that the court grant “declaratory relief.” This is not Zimmer hip lawsuit monetary damages, but a request that the court clarify (or declare) a specific legal issue or point in the case. This can benefit both parties in the case. Such declaratory relief can speed up or help the litigation advance, by allowing the court to clarify certain issues or points that the two sides cannot agree on. Both parties then will know how to proceed in the Zimmer hip replacement lawsuit, and the proceedings can run more efficiently and effectively.
There are also, of course, claims for monetary damages in these cases. Not all of these damages are claimed in every Zimmer lawsuit. Certain cases will ask for certain, specific types of damage awards.
First, there are compensatory damages, which are requested to compensate or replace what the plaintiff allegedly has lost. This may include medical expenses, loss of income, or pain and suffering.
Second, there are punitive damages. In a Zimmer hip lawsuit, punitive damages would be awarded to attempt to punish and deter Zimmer for their alleged negligence and conduct. Some states do, however, limit the amount of punitive damages that may be awarded.

Another type of relief is “disgorgement of profits.” These were sought in the Papaccio case (above).  Disgorgement of profits is an attempt by attorneys to prevent acquiring unjust profits from a device (such as a Zimmer hip) that has resulted in plaintiff injury and pain. It is usually seen as a remedy for an unjust situation.