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. 

Zimmer Hip Settlements Could Be Ahead

A number of people have already filed Zimmer Hip Lawsuit against orthopedics manufacturing company Zimmer, whose responsibility for the hip replacement device known as the Durom Cup has seen many people turn their attention in the company’s direction—but most of the press is negative. Democrats on the U.S. House Committee on Energy and Commerce are getting involved—questioning why harmful brain stents and metal-on-metal Zimmer hip replacement recall continue to be sold throughout the United States with little oversight. 

Metal-on-metal hip replacement systems like the Zimmer Durom cup come in a variety of models from a variety of manufacturers but often side effects are the same. Component loosening, soft tissue damage, bone fracture, metal poisoning (metallosis), premature device dislocation, and Zimmer hip revision surgery are all directly linked to metal-on-metal hip replacement systems. This is worrisome to some House Democrats, who hope to convince Republicans that this issue needs to be looked into with greater depth.

Zimmer patients who have experienced severe side effects already know the issues that brought the devices to the attention of a part of the United States’ government. Zimmer actually recalled the Durom cup for a short time, claiming that they fixed the problems associated with it, but patients are still skeptical—especially those who have had to undergo hip revision surgery, a complex procedure that comes with a number of its own risks. 

Those who have experienced side effects of metal-on-metal hip replacement systems like the Zimmer Durom cup should contact a lawyer as quickly as possible to ensure that they stay within the statute of limitations for their state.

Complaints Over Zimmer Hip Failure Reach Their Peak in 2011

Some experts fear all-metal hip implants could become one of the biggest and most costly medical implant problems in recent history.Metal-on-metal hip implants accounted for nearly one-third of the estimated 250,000 Zimmer hip replacement recall performed each year. According to one estimate, some 500,000 patients have received an all-metal replacement hip. It is believed the devices can shed dangerous amounts of cobalt and chromium through wear, leading to tissue damage, premature device Zimmer hip failure, the need for revision surgery, and even long-term health problems. Symptoms discussed in the Times’ article include pain, rashes, and inflammation. Unfortunately, many metal-hip implant recipients who sustain tissue damage have no symptoms, making it difficult to determine if their device should be removed.

While Zimmer’s own estimates in 2008 suggested that some doctors in the United States experienced failure rates as high as 5.7%, more recent claims made in Zimmer Durom Cup lawsuits suggest that the artificial Zimmer hip implant failure is between 20% and 30%.In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Durom Cup recall was not issued since they did not uncover evidence of any manufacturing defect or design defect. Over 12,000 people in the United States have had a Zimmer Durom Cup implanted during their hip replacement surgery.  Hundreds of these people could experience loosening of the component and the need for additional surgeries which was caused by the negligence of Zimmer Holdings, Inc.  

Zimmer Holdings, Inc. reported last year that it is setting aside $75 million to resolve current and future lawsuits over their Durom Cup hip replacement system. In October 2008, Zimmer disclosed that they had set aside $47.5 million to settle Durom Cup claims, and they indicated during their fourth-quarter of 2008 earnings report that the reserves had been increased to $69 million. The $75 million reported this quarter appears to be in addition to that amount. In June, the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate and centralize all lawsuits over the Zimmer hipreplacement in the U.S. District Court for the District of New Jersey as part of a multidistrict litigation (MDL) for pretrial litigation.

No End In Sight To Zimmer Hip Lawsuits

In July 2008, Zimmer suspended US sales of the Durom Cup following complaints about Zimmer hip implant failure due to loosened components that required revision surgery. That year, Zimmer’s own estimates suggested that some doctors in the US experienced failure rates as high as 5.7 percent with the Durom Cup. However, some Zimmer Durom Cup Zimmer Hip Lawsuit claim the failure rate could be as high as 30 percent.  It is estimated that 500,000 patients in the U.S. may have received metal-on-metal hips, and it’s very likely that tens of thousands will be forced to undergo painful revision surgery due to early failures. More lawsuits are also expected and some experts believe the litigation surrounding all-metal hips may emerge as the largest product liability cases of this decade.

In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Durom Cup recall was not issued since they did not uncover evidence of any manufacturing defect or design defect.  In fact, they intend to reintroduce the artificial Zimmer hip implant failure after they develop instructions about the special surgical techniques that doctors need to use to avoid the risk of Durom Cup problems. 

Zimmer Prepares for Metal-on-Metal Hip Replacement Lawsuits

Shortly after Zimmer introduced the Durom Cup in the United States, concerns emerged about a high number of Zimmer hip replacement recall involving the hip implant, where the component loosened and required revision surgery.In July 2008, Zimmer suspended US sales of the Durom Cup following complaints about Zimmer hip implant failure due to loosened components that required revision surgery. Approximately 12,000 individuals had the Zimmer Durom Cup system implanted in their hip between 2006 and 2008. While Zimmer’s own estimates in 2008 suggested that some doctors have experienced failure rates as high as 5.7%, more recent claims made in Zimmer Durom Cup lawsuits suggest that the artificial hip failure rate is between 20% and 30%.

In April 2008, prominent Los Angeles orthopedic surgeon, Dr. Larry Dorr, notified members of theAmerican Association of Hip and Knee Surgeons about the Zimmer Durom Cup problems he was encountering with patients who received the component.  Problems such as loosing of the components and a higher than expected rate of Zimmer hip revision surgery were identified by Dr. Dorr.After initially dismissing Dr. Dorr’s report of problems, Zimmer agreed to initiate an investigation of the Durom Cup problems in May 2008.