Tuesday, January 31, 2012

Zimmer Hip Lawsuits in Swiss Evidence Confusion

Zimmer hip lawsuits are running into unforeseen complications as Swiss laws become entangled in the litigation process. Zimmer Durom Cup hip replacement systems are one of the devices that is at the center of the Zimmer legal battle, and the product was developed and first marketed in Switzerland. Because of this, many documents related to the Durom cup device are located in Switzerland. 
Zimmer hip lawsuits in MDL
A number of plaintiffs have hired a Zimmer hip lawyer to take legal action against the orthopedics manufacturing giant. Zimmer Inc is preparing for a legal battle that could involve hundreds of plaintiffs. Zimmer has filed a motion regarding the Swiss branch of their company, Zimmer GmbH. Zimmer plaintiffs have filed Zimmer hip lawsuits because they have experienced significant side effects, including Zimmer hip failure. 
Swiss law means Zimmer lawyers should add party
Swiss penal code and the Swiss Federal Act on Data Protection restrict the use of documents such as the ones relevant to Zimmer lawsuits as evidence in foreign civil litigation, and if Zimmer violates these restrictions the company will be subject to criminal and civil penalties. In order to avoid this, Zimmer has suggested that Zimmer lawyers for plaintiffs involved in Zimmer hip litigation name the Swiss subsidiary, Zimmer GmbH, as a party in each Zimmer hip lawsuit. This suggestion was made on August 15, 2011. 
On July 15, 2011, Zimmer notified plaintiffs' lawyers that Zimmer was working with Swiss counsel to find a solution that would allow relevant information to be disclosed for the sake of the Zimmer lawsuits that are currently awaiting litigation. By naming Zimmer GmbH in litigation, relevant evidence could be produced so long as the information protected by Swiss law was edited to take out personal information. 
Zimmer hip lawyers invoke Hague convention against plaintiffs
Some plaintiffs have argued that removal of personal information, such as names, from the relevant documentation necessary in Zimmer hip replacement cases that is currently being barred by Swiss law should be enough to ensure the protection of the company from criminal and civil penalties. However, Zimmer is countering with the argument that the Hague Convention, which establishes optional procedures that facilitate the taking of foreign evidence, is the best option in terms of protecting the company. 

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