Zimmer Hip Lawsuit Settlements
Zimmer Biomet Holdings has been sued over its faulty hip replacements in thousands of cases nationwide. In 2016, it settled hundreds of lawsuits for a base award of $175,000 per hip, for a total of $314 million. The courts have also awarded millions to individual plaintiffs for injuries and damages.
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Has There Been a Zimmer Hip Settlement?
In 2010, Zimmer Biomet Holdings, or Zimmer, set up a $47.5 million settlement fund and began settling individual lawsuits relating to its faulty hip implants. In 2016, Zimmer settled hundreds of multidistrict litigation lawsuits over its Durom Cup Zimmer hip implants. It offered to settle most of the Zimmer hip implant lawsuits for $314 million, with a base award of $175,000 per hip, but most plaintiffs were not happy with the offer and chose not to participate. However, the court required plaintiffs to participate in the settlement or run the risk of having their claims dismissed.
As of March 2023, there have been no additional approved settlements or jury verdicts for lawsuits relating to the Durom Cup.
In April 2022, a portion of the 302 lawsuits relating to Zimmer’s M/L Taper Hip Prosthesis were settled under a confidential settlement agreement. Plaintiffs not wanting to be included had to produce additional documentation before the Zimmer hip replacement pretrial proceedings.
Latest Updates on Zimmer Hip Litigation
Although Zimmer has paid around $400 million to settle lawsuits for Durom Cup injuries and losses, cases continue to grow concerning product liability, patent litigation and commercial litigation, according to its 2022 financial results. Experts estimate additional payouts in the hundreds of millions.
Of the thousands of cases nationwide, some have gone to trial. Recent court verdicts relating to Zimmer hip implants include:
- $3.55 million in 2020 – A jury in Iowa awarded this sum to a plaintiff and her husband for injuries sustained from Zimmer’s metal-on-metal hip implant, which the court concluded was defectively designed.
- $21 million in 2020 – Courts awarded a plaintiff from St Louis $20 million for catastrophic tissue damage from her failed implant, and her husband was awarded a million in a loss of consortium claim.
- $7.68 million in 2019 – In a retrial for damages, the court awarded the plaintiff $3.6 million in noneconomic losses to account for future suffering.
Although the MDL for the Durom Cup has closed, you may be able to file a lawsuit against Zimmer if you suffered injuries or damages from a Zimmer hip implant. It’s best to speak with a personal injury attorney with defective medical device expertise who can identify whether you have any options for a case and the best way to proceed.
Timeline of a Zimmer Hip Settlement
Personal injury and hip replacement lawyers have successfully sued and negotiated settlements for thousands of plaintiffs who have suffered injuries from faulty hip implants. Depending on whether the hip replacement lawsuits are part of a class action or individual plaintiffs file them, the timeframe to achieve a settlement can range from several months to several years.
Your attorney will receive the settlement payout from the defendant on your behalf. The law firm will then distribute your compensation to you.
How Were Zimmer Hip Settlement Amounts Determined?
The claim period for the class of plaintiffs who brought an action relating to the 2016 period is complete, meaning all claimants entitled to compensation in that lawsuit have received it. The courts have stated that a settlement in these cases must be fair, reasonable and adequate.
The settlement amounts were determined by various factors, including the severity of the injury, the complications the patient experienced and whether the injuries resulted in short- or long-term disability.
| Conditions that reduced settlement offers | Conditions that enhanced settlement offers |
|---|---|
| Duration: Awards were reduced by $20,000 to $75,000 depending on how many years a claimant had the implant. Plaintiffs who had the cup for longer received less money. | Multiple Hips: Claimants with revision surgeries on both hips received a $75,000 enhancement. |
| Implantation Date: Claimants who received hip implants after July 22, 2008, incurred a $25,000 reduction. | Additional Revisions: Extra revisions boosted the reward by $50,000. |
| Revision: If the cup was used during a revision surgery, the award was reduced by $50,000. | Dislocation: Dislocated cups caused a $5,000 enhancement. |
| Representation: Claimants who didn’t have an attorney received a 29%reduction. | Extraordinary Loss: Complications that occurred within three days of hospital discharge or that caused severe disability could further enhance rewards. |
| Lost Wages: Disabilities that resulted in lost wages could enhance rewards by 20% of a person’s income. |
Zimmer offered $25,000 for patients who did not qualify for the base amount. This fixed award was for those who did not meet specific revision surgery requirements, including those who had revision surgery less than 180 days after receiving a Durom Cup. Those who missed the deadline to file lawsuits, had trauma or infection unrelated to the Durom Cup or sued but later died were also granted the fixed award.
The base amount each plaintiff received in the 2016 Zimmer hip settlement was $175,000. However, several factors could increase or decrease the amount a person actually received.
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