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 Knee Failure Alleged in New Texas Lawsuit

A man from Longview, Texas filed a product liability lawsuit against the manufacturer of a knee replacement product that has been allegedly been found to loosen in patients and require replacement surgery. Earlier this month, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Zimmer Nexgen Knee implant lawsuits be consolidated and transferred to U.S. District Court in Illinois. The Zimmer lawsuits involved in the Zimmer NexGen CR-Flex femoral components, Zimmer NexGen MIS Tibial components or Zimmer NexGen LPS-Flex femoral components. Waterston said in that in June 2008 he had a knee replacement surgery in which a Zimmer NexGen Knee was implanted. He claims that shortly after the surgery he began to experience severe and debilitating pain.

Zimmer Hip Lawsuit in Ohio Alleges Need for Revision Surgery and Metallosis

Sales have been suspended in the United States for the Zimmer Durom Cup hip replacement component, since many doctors have reported a substantially higher need for further Zimmer hip revision surgery. One lawsuit filed by Ohio resident Theresa Brammer on September 21, 2011, alleged that due to design defects in the system, she was forced to undergo two hip revision surgeries. Potential Zimmer Durom Cup lawsuits are being reviewed throughout the United States.  Because many hip replacement patients are unaware of the type of implant used, cases are being investigated for any individuals who have experienced problems after a surgery since 2006. At the time Zimmer announced that they were stopping sales of the Durom Cup in the U.S., they recommended that hip replacement patients who received their implant contact a doctor if they experience hip pain more than three months after surgery.

Implications of Complications from the Durom Cup

Many doctors and patients question why these steps were not taken before Zimmer allowed their Durom Cup to be used in thousands of hip replacements. Individuals who received the Durom Cup, or who believe that their doctor may have used the newer hip component, have been advised by Zimmer to contact their doctor if they experience pain more than three months after surgery. Zimmer Durom Cup hip problems could lead to the need for further revisions and surgeries. Some plaintiffs are seeking to have the cases consolidated in the U.S. District Court for the District of New Jersey under Judge Susan D. Wigenton, where many of the cases are currently pending.

The DePuy ASR is a metal-on-metal hip replacement system developed in 2005. Health care professionals have increasingly been warning about problems with metal-on-metal hip implants, which can shed metal particles into the body. The particles can damage soft tissue, cause inflammatory reactions and lead to bone loss. In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Hip 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 hip implant after they develop instructions about the special surgical techniques that doctors need to use to avoid the risk of Durom Cup problems.  

Zimmer Hip Lawsuits Continue To Grow

Zimmer, the manufacturer of a Durom Cup knee device, temporarily suspended its sale in 2008. This created a great deal of interest among patients who had the device. Many lawsuits were filed under what was seen as a “Zimmer hip recall.” Zimmer did, however, resume sale of the device, although that has not stopped the increase of many individual Zimmer lawsuits. A Judicial Panel has taken the many individual lawsuits, and consolidated them into multidistrict litigation (MDL). This is addition to possible class action lawsuits.

MDL is an approach to litigation which consolidates related individual lawsuits that have many facts and issues in common, such as the Zimmer patients’ alleged problems. The decision to form an MDL is made by federal judges. The rationale of an MDL is that there will be streamlined efficiencies such as in the pre-trial process. This can cover individual cases from all over the United States to be heard before one federal judge. Lawyers can also join the MDL with additional Zimmer hip lawsuits.

And, Zimmer hip lawsuits in an MDL can also go to mediation; where the lawyers can negotiate a settlement. This is a quicker process, eliminating the need for a possibly lengthy trial.

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.

Zimmer NexGen Knee Recall Not Forthcoming

Despite many serious alleged failures and patient complaints concerning the Zimmer NexGen artificial knee, Zimmer has no immediate plans to issue a recall. Zimmer continues to defend its high flex knees despite many scientific findings and studies that have reported problems. Total knee replacement patients who have suffered from any Zimmer knee failure, either pain and stiffness, or the more serious knee revision surgery, should consult with a Zimmer knee attorney to determine whether they may have a cause of action against Zimmer, possibly for damages.

Since the Zimmer NexGen artificial knee was approved for U.S. sale, many implant patients have experienced higher than normal Zimmer knee failure. Many such patients filed Zimmer knee lawsuits. They were encouraged when Zimmer did voluntarily suspend sales of its MIS tibial parts that are used in the artificial knee. However, Zimmer did not issue a complete NexGen knee recall.

Faulty Zimmer Hip Implant Goes to Court

On October 20, 2011, Tina Muetz filed a lawsuit against Zimmer Inc., alleging that the company's Trilogy Acetabular Hip System had failed. Muetz's case, which will be tried in the U.S. District Court of Minnesota, comes on the heels of similar lawsuits involving a different Zimmer product – the Metasul Durom Cup, which went through it's own Zimmer hip recall.

Canadian Judge Approves Class Action Zimmer Hip Implant Lawsuit

Canadian hip implant patients who have suffered side effects or complications from use of the Zimmer Durom Cup acetabular device are eligible to join a class action lawsuit against the company, Justice Gregory Bowden has ruled. So far, 35 Canadians have reported problems with the device, but the lawyer responsible for the Zimmer hip class action lawsuit says that ultimately up to 100 Canadians are expected to join the suit.

The Zimmer hip class action lawsuit is welcome news to the patients who have required hip revision surgery or have experienced joint pain, immobility, stiffness, inflammation, and/or diminished range of motion as a result of using the Zimmer Durom Cup.

Initial Zimmer Hip Lawsuits

Zimmer Hip Defects Lead to More and More Lawsuits

A Zimmer hip lawsuit has been filed by Jocelyn Quinn of Louisiana, alleging that she has undergone severe pain and disfigurement due to the failing device. Her case has been transferred into the Zimmer hip multidistrict litigation (MDL) currently being carried out in the U.S. District Court for the District of New Jersey. As many as half a million Americans may have the all-metal hip implants, and a sizeable percentage of them are likely to file a lawsuit after their implants fail. The Zimmer Durom Cup was first introduced in the United States in 2006, as a more advanced form of an artificial hip. The hip resurfacing system is designed out of a single piece of material and is supposed to avoid problems associated with traditional hip replacement components, such as instability, limited range of motion and wear of the bearing.

In February 2011, the Food and Drug Administration stated that there are "unique risks" for "metal-on-metal" artificial hips because tiny metal ions can wear off and damage nearby tissue. Patients who have received all metal implants should be aware of potential symptoms which may occur after surgery and indicate that their device is not functioning properly. Over the past two years, concerns have increased about a risk metal hip replacement complications, resulting in use of the implants dropping to just 5% of the artificial hip market. While Zimmer’s own estimates in 2008 suggested that some doctors have experienced failure rates as high as 5.7%, more recent claims suggest that the Durom Cup failure rate is between 20% and 30%.

A temporary Zimmer Durom Cup recall was issued in July 2008, so that revisions could be made to the product’s warnings and instructions to ensure that doctors were properly trained on the surgical techniques needed to implant the artificial hip correctly. According to Quinn’s Zimmer hip lawyer, she never would have had the device installed had she been made aware of the defectiveness of the product. In a statement released on their website, Zimmer stated that a thorough check of the Durom Cup, including evaluation of the manufacturing processes, design specifications and product documentation, failed to reveal any evidence of a defect in the artificial hip part.

Consolidation of Zimmer Knee Lawsuits, Leads Many to Hope For Settlements

The U.S. Judicial Panel on Multidistrict Litigation (JPML) has ordered that all personal injury lawsuits involving Zimmer NexGen knee implant components currently pending in federal courts throughout the U.S. be consolidated in a multidistrict litigation and transferred to U.S. District Court for the Northern District of Illinois. The multidistrict litigation process, more commonly referred to as the Zimmer NexGen MDL, is often confused with a class action lawsuit against Zimmer. While the MDL and a Zimmer NexGen knee class action lawsuit have many similarities during pretrial proceedings, each claim remains an individual lawsuit, where the plaintiff must establish that their injuries were caused by Zimmer knee problems and each claim will be decided individually be a jury.

Zimmer Argues Health Risks Of NexGen Components

Zimmer Hip Replacement Problems Spark Complaints

In 2011 alone, the Food and Drug Administration (FDA) has received more than 5,000 consumer complaints related to metal-on-metal hip implant devices. One such device is Zimmer Inc.'s Metasul Durom Cup, a hip replacement device recommended to young, active patients who are expected to outlive the useful life of traditional hip replacement products.

Zimmer Hip Replacement Shows High Rate of Failure

Zimmer hip replacement problems went public in 2008, when Dr. Larry Dorr reported that the Metasul Durom cup had a high Zimmer hip failure and replacement rate. Dr. Dorr, who has conducted thousands of hip replacement surgeries, revealed that more than 8% of his hip replacement patients required Zimmer hip revision surgery to remove the device, many within two years of implantation. As of July 2008, 12,000 people in the United State had already received Durom Cup hip replacements. If Dr. Dorr's statistics hold true, almost 1,000 would require removal and replacement.

Zimmer Knee Problems Result of Faulty Device

It is estimated that approximately 130,000 patients receive knee replacements each year to treat deterioration caused by arthritis, osteoarthritis and other causes. Zimmer Holdings, a world leader in knee replacement devices, manufactures the NexGen CR-Flex device, which has been marketed as the knee replacement of the future. Featuring a unique, cementless design, the model was designed to give patients a much wider range of motion compared to other knee replacement devices.

The Zimmer Knee and NexGen Defects

However, the NexGen CR-Flex has received serious criticism due to reports of faulty craftsmanship and a partial product recall in September 2010. The recall was based on the device presenting a "nonconforming and inconsistent geometry." The model is reported to fail by loosening at the femur joint, in effect reducing a patient's range of movement and causing significant pain. Affected patients must undergo additional procedures, including premature Zimmer revision surgery, to correct the problem.

In Chicago, a multi-district litigation (MDL) has formed to protect patients who have fallen victim to Zimmer knee problems. At the time of its formation, the MDL consisted of 73 plaintiffs and was slated for the U.S. District Court in Chicago's Northern District of Illinois. Since the first filing, many more plaintiffs have joined – and still more are expected to come onboard. The MDL will help streamline the pre-trial process, making Zimmer lawsuits more efficient and hopefully producing quick results.