Zimmer Hip Lawsuit: Will They Settle or Fight?

The lawyers at Saiontz & Kirk, P.A. have been investigating potential Zimmer Hip Lawsuits since the Durom Cup hip replacement parts were temporarily pulled from the market in July. As cases are filed and the number hip replacement lawsuits throughout the country start to grow, the question becomes whether Zimmer will make this a lengthy fight, or whether they will try to settle once they get a better idea of how many cases they face.

>>PRIOR POST (7/24/2008): Zimmer Durom Cup Lawsuit
Hip Replacement Part Sales Suspended

The Zimmer Durom Cup is a component that has been used in many people’s hip replacement surgery since 2006, when it was first introduced in the United States.

Zimmer recalled the Durom Cup from the market temporarily after they confirmed that a surprisingly high number of doctors were encountering complications with their patients, that often required surgery to revise the hip replacement.

The Durom Cup was pulled from the market so that new product labeling and instructions could be provided to doctors about the special surgical techniques that are necessary to avoid problems.

Although Zimmer knew or had reason to know about these problems for months, they allowed thousands of individuals to receive the Durom Cup from doctors who had not been properly warned or instructed about the surgical techniques necessary to avoid hip replacement problems.

As a result of their decision to place profits before their patients’ safety, Zimmer now faces substantial liability from hip replacement patients who have had their components loosen or require replacement.

While it is still early in the litigation, and the vast majority of cases have not even been filed yet, the limited pool of potential claimants may mean that Zimmer will be inclined to try to negotiate settlements with Zimmer Durom Cup lawyers who represent a number of clients, as our law firm does.

There were about 12,000 Durom Cup hip replacements performed before the product was temporarily pulled from the market. Zimmer’s investigation revealed that the hip replacement failure rate at different clinics throughout the United States varied, with some experiencing no problems, and others experiencing failure rates as high as 5.7%.

Even if all clinics experienced a 6% failure rate, this would mean that there will be under 800 potential lawsuits that Zimmer could face, and many of these patients may never actually file a Zimmer hip lawsuit because they could never discover that inadequate warnings and instructions were the cause of their problems.

Last month, when Zimmer Holdings, Inc. announced their 3rd Quarter earnings, the device maker indicated that they have set aside $47.5 million for “known and anticipated claims” involving the Durom Cup. While certainly their total liability will exceed this amount after compensating all of the hip replacement patients who have had problems, the fact that they have already elected to take this hit against their earnings statement seems to indicate that they may not be gearing up for years of court battles.

ZIMMER HIP LAWYERS

The Zimmer hip lawyers at Saiontz & Kirk, P.A. are investigating potential cases for individuals who received the Durom Cup throughout the United States. Our attorneys have the experience to make sure that our clients obtain the settlement they deserve, and the resources to fight any Zimmer lawsuit to ensure the manufacturer is held accountable.

If you, a friend or family member have received a hip replacement since 2006 where the Zimmer Durom cup may have been used, and have experienced loosening of the hip implants or required a hip revision surgery, request a free consultation and claim evaluation.