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.
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.
