Zimmer Biomet Defective Shoulder Attorneys Discuss Settlement of Class Action Lawsuit
Zimmer Biomet Shoulder Injuries Lawsuit. Shoulder injuries occur in people of all ages. Younger folks can usually heal more quickly than older people. But, following years of wear and tear from playing sports, lifting bags of groceries, working out, toiling on a job site, or picking up our children, our shoulders start to wear down. For some people, especially those with heavy scarring and shoulder arthritis, the answer to living a pain-free and productive life might be to replace your damaged shoulder joint with a prosthetic. However, artificial shoulder joints manufactured by Zimmer Biomet was known as the Comprehensive Reverse Shoulder System are the subject of a comprehensive Class I recall by the U.S. Food and Drug Administration (FDA) because the products are defective and have been the subject of many claims for personal injury damages around the country.
National Law Firm Continuing to Investigate Claims of Defective Medical Products
If you or someone you love has suffered severe pain, revision surgery to replace the defective joint, and had the quality of their lives adversely affected by the faulty Zimmer Biomet Reverse Shoulder System replacement, Parker Waichman LLP’s Zimmer Biomet Reverse Shoulder System attorneys can help. Every attorney from Parker Waichman is dedicated to one singular mission: finding justice for their clients. In defective medical products, experiencing justice might come in the form of winning a large settlement from Zimmer Biomet. Financial compensation might not take the physical pain away, but it can make the lives easier for those people who have suffered at the hands of Zimmer Biomet.
Parker Waichman LLP is a national law firm dedicated to recovering damages of victims of defective medical products. Parker Waichman’s Zimmer Biomet Reverse Shoulder System attorneys have the knowledge, skill, experienced, and determination you need to obtain the best result for your defective Zimmer Biomet shoulder replacement case. Do not merely take our word for it: our record of recovering over $2 billion in damages for our clients speaks for itself.
Zimmer Biomet Reverse Shoulder Replacement Class Action Settlements
As of January 2018, there have been no class action lawsuits filed in the United States. Furthermore, no federal district court has consolidated nation-wide Zimmer Biomet shoulder replacement products liability cases in multi-district litigation, or MDL. Simply because cases such as these have not been filed does not mean that they might never be filed. Notwithstanding, it is unlikely that there will be a Class Action lawsuit against Zimmer Biomet. The more likely course of action would be to consolidate individual cases filed across the country and consolidate then in an MDL.
Victims of Zimmer Biomet’s defective shoulder have filed individual claims across the country. One case that was widely reported was settled in February of 2016. In that case, the plaintiff and defendant agreed to settle the litigation with a $350,000 cash settlement. Also, the parties agreed on attorneys’ fees. That sum was not disclosed. This is the only publicly reported settlement of Zimmer Biomet defective shoulder litigation.
How Do Cases Settle?
Cases very rarely settle right away. After the plaintiff files a claim against the defendant, insurance companies usually become involved. The insurance company will take some time to investigate the claim and then may propose a legitimate offer to resolve the case. The first offer you will receive is rarely the best offer you could receive. Sometimes the first offer is simply a nuisance offer just to see if the plaintiff will take the money and run.
The defendant can also deny liability and defend the case. At that time, a complaint about damages must be filed in the appropriate court. The case will proceed through the “pleadings phase,” and onto the discovery phase. The discovery phase of litigation can be lengthy, tedious, and downright frustrating at times. It is during this phase of the case the facts of the matter begin to take shape, and the lawyers will begin to understand what the strong points and what the weak points are in their respective cases.
After discovery is complete, either one or both sides will move for summary judgment. A summary judgment motion asks the court to award victory to the plaintiff or the defendant based on the facts established during discovery. Neither side can claim victory if the judge determines that there is a reasonable dispute of material facts. If that occurs, the court will set a date for trial.
During the case, the court will require the lawyers for the parties to attend hearings. It is during these hearings that the court will ask about settlement negotiations. The judge can help mediate the case, let the lawyers negotiate among themselves in consultation with their clients, or refer the parties to alternative dispute resolution. A judge cannot force a party to settle the matter but can try to persuade the parties to reach an agreement short of trial.
Defective Zimmer Biomet Reverse Shoulder Systems Continue to cause Extensive Injuries
The FDA issued a Class I recall of the Zimmer Biomet Reverse Shoulder System on February 16, 2017. A Class I recall is an urgent recall. A Class I recall signifies that the defective medical device in question can cause death or serious injury if the patient continues to use it. Many patients complained that the artificial joint loosened, became unstable, or the base plate broke.
The FDA recalled 3,662 Zimmer Biomet devices. Zimmer Biomet manufactured the defective shoulder joints between August of 2008 and September of 2011. Not every joint manufactured during that timeframe was defective. Only those whose lot number was 115340, with the Product Codes KWS and PAO, were defective. Your orthopedic surgeon will have this information. Although the manufacturing of these defective shoulder joints ceased in 2011, the FDA determined that Zimmer Biomet stopped the distribution of the joints in 2015. Therefore, if you had a reverse shoulder replacement due to severe arthritis—known as arthropathy—and had a failed shoulder replacement; you could have a shoulder joint that may endanger your life and your well-being.
A defective shoulder joint is not imminently life-threatening on its own. However, revision surgery is extremely dangerous. Every time someone has surgery, there is always a threat to the person’s health from infection, blood clots, heart attacks, or strokes. In fact, one study proved that patients who suffered a should joint fracture tend to be older (almost 70 on average) and have a mortality rate six times higher during the first 30 days after surgery than all other shoulder replacement patients. This is a serious health threat and cannot simply be dismissed by advising the patient to have another surgery.
Contact Parker Waichman LLP Today to Discuss Your Claim
Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) or use our contact form. You could be eligible to receive substantial financial compensation for your injuries, medical bills, economic losses, and your pain and suffering if you needed revision surgery because of a defective Zimmer Biomet Reverse Shoulder Replacement System.
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