On February 17, 2016, a settlement agreement was reached between Zimmer, Inc., the manufacturer of the Zimmer Durom Cup, and Claimant’s Liaison Counsel, the attorneys representing the interests of individuals across the country injured by defective Zimmer Durom hip components. In many cases, these patients underwent risky and costly revision surgeries for removal of these defective hip devices. Under the terms of the newly announced settlement agreement, any U.S. citizen or legal resident whose Durom cup was implanted in the United States and revised prior to April 29, 2016, and within nine years of implantation, will be eligible for enrollment.
The Zimmer Durom Hip litigation was consolidated in a multi-district litigation proceeding (MDL No. 2158) before the Honorable Susan D. Wigenton of the U.S. District Court for the District of New Jersey on June 9, 2010, following the filing of numerous lawsuits across the country alleging injury due to loosening Durom components. In many cases, these loosening events forced patients to undergo painful, risky and costly revision surgeries to have these defective components removed and replaced.
Zimmer Settlement Details
The settlement agreement establishes a dual enrollment track, incorporating both a Base Award Program and a Fixed Award Program. Claimants enrolled in the Base Award Program will receive a $175,000 award subject to certain reductions for age, length of implantation and situations where the Durom cup itself replaced a prior hip component.
To be eligible for the Base Award Program, a claimant’s revision must have occurred over 180 days after implantation of the Durom component, the individual’s claim must not be time-barred by the statute of limitations and revision of the Durom must not have been attributable to infection, trauma, or any other medical issue unrelated to a defect inherent to the device.
Base Award Program
The Base Award Program further provides supplemental enhancement awards to claimants who:
- Underwent qualifying revisions on both of their hips
- Underwent re-revision surgery within one year of the original qualifying revision
- Experienced dislocations within one year of revision.
Base Award claimants are also eligible for additional compensation for extraordinary injuries attributable to revision, permanent and severe disability attributable to revision and for extraordinary wage loss due to revision.
Fixed Award Program
Claimants who are eligible for the settlement program but who do not meet all of the specific requirements of the Base Award Program will be eligible for enrollment in the Fixed Award Program. This program provides a $25,000 award for each qualifying hip and is not subject to any enhancements or reductions.
Contact Pope McGlamry
If you or a loved one was injured by a malfunctioning Zimmer Durom hip implant, please contact Pope McGlamry or submit a case evaluation online to schedule a complimentary legal consultation. For continued up-to-date information and news regarding the Zimmer Durom hip litigation, like the Pope McGlamry page on Facebook & follow us on Twitter.