The Zimmer Durom Cup multidistrict litigation in New Jersey federal court is moving forward as Judge Madeline Cox Arleo ordered Zimmer to transfer $501,140 plaintiffs ‘common benefit fund’ for “setting up and coordinating the mediation protocol, negotiating discovery requests, addressing scheduling issues, attending court conferences.” According to records, these plaintiffs shared attorney spent 956.1 hours on these tasks, and billed $563.13 per hour. There was also approximately $40,000 in expenses recorded. Plaintiffs who receive settlements will each contribute 4 percent of the settlement to the fund, Drugwatch.com reported.
Zimmer has 75 more lawsuits pending in the MDL, which are expected to settle before going to trial, with the first bellwether trials expected to start later this year.
Most all the lawsuits alleged similar questions of fact, and nearly all plaintiffs have claimed injuries due to the Zimmer Durom Cup, including the premature failure of the device, metal poisoning, and severe pain.
The Zimmer Durom Cup was approved by the FDA in 2006 for total hip replacements, though not for hip resurfacing. In 2008, Zimmer voluntarily quit marketing the Durom Cup for approximately three months while they investigated several thousands cases, reaching the conclusion that surgeons were not well-trained in the implantation of the device, saying “instructions for use/surgical technique instructions were inadequate.”