If you or a loved one underwent hip implant/replacement surgery in the last couple of years, it is very possible that the device implanted was made by Zimmer and is its “Durom Cup” system.  If so, you may be at risk for premature failure of the device! 

     I previously wrote a more detailed blog entry about this problem, which will provide you with more detailed information about alleged problems with the device.  I am writing again because, as you know from prior blog entries, TIME IS OF THE ESSENCE in having these types of matters reviewed by an attorney very knowledgeable about the problem. 

     If you or a loved one has a Zimmer Durom Cup hip implant, do not delay calling our office if you need help!  We have experience in suing product manufacturer for failed hip implant systems.  You need someone with that type of experience in the medical device field on your side!  Give us a call or send us a confidential inquiry and we can get started helping you right away!  You know that Zimmer will hire the best lawyers it can find, shouldn’t you as well?  Call or email us today.  Good luck!

     So your lawsuit has been pending for some time, you’ve given your deposition and your lawyer has taken the depositions of the defendant and key witnesses, and then you get a phone call from your lawyer suggesting that a mediation may be helpful in getting your case resolved.  “Mediation” you say to yourself, what in the heck is that?  Is there a jury?  a judge?  Are you limited in how much money you may get? Do you testify? 

     If you have hired experienced and competent counsel, your lawyer will be able to very clearly explain what mediation is and what it can do for your case.  If you haven’t hired that lawyer, read on. 

     Our goal for each one of our clients is to get their cases fairly resolved in the shortest amount of time.  Our jurisdiction is the largest unified court system in the world, and it can and will take a number of YEARS from the day we file a lawsuit until it gets to trial.  Of course, our system has a procedure where both sides can certify the case as ready to be tried, but we don’t find too many defense lawyers trying to “hurry up” the case.   Mediation affords, usually, a quicker resolution to your case. 

     In its most simple terms, mediation is a voluntary, usually non-binding process where both sides to the dispute meet with a neutral mediator acceptable to both sides (often a retired judge) who then plays shuttle diplomacy between both sides to try and work out an agreeable settlement.  If both sides agree to the amount, the case is finished.  If one or both side doesn’t agree, then the court system is still available to try the case.   In my experience, there is no downside to mediation, except for the additional cost of paying your client’s share of the mediation costs. 

     Are there benefits to mediation?  Absolutely!  When a case is presented to a jury, you are entrusting your outcome to 6-12 people, albeit from your community, but people that don’t know you and that each bring their own experiences in life to bear on your case, experiences that may be very dissimilar to your own and perhaps not advantageous to your case.  Each juror also has their own likes and dislikes and of course their own prejudices about certain things as well.  During jury selection, your lawyer of course is trying to determine those characteristics of each juror, but of course there is only so much time allowed to ask jurors questions and most jurors will not admit bias or prejudice in front of a room full of strangers.  Consequently, although your lawyer is trying to only get “good” jurors on your case, any lawyer that has tried enough cases knows that even on the best of days, you really learn very little information about each juror, and much is left to “hunch” or “feelings” about who to leave on and who to strike.

     In mediation, however, there is NO JURY!  Also, in non-binding mediation, the mediator cannot force you to settle your case.  Therefore, you see that YOU have the sole power to decide the outcome of your case.  Assuming the defense is offering a fair sum to settle your case, the decision to accept or not is only yours to make.  With a jury, your lawyer will suggest to them a fair sum to award in your favor, but it is uniquely up to the jury alone to decide how much to give you.  So in mediation, you eliminate the discretion of 6-12 strangers from deciding the outcome of your case, and secure to yourself the ability to decide what should happen.

     Another benefit to mediation is that it can actually save you money, thereby putting more money in your pocket.  How?  Well if your case goes to trial, your lawyer will (SHOULD!) prepare compelling exhibits, blow-ups, etc for the jury.  There is also the cost of bringing doctors to court to testify, or taking their evidentiary deposition before trial, which will then be read to the jury. Most doctor’s fees for depositions run in the hundreds of dollars per hour of testimony or trial time is often billed for half or a whole day, which can run in the thousands of dollars.  At mediation, you most likely will not need any doctor testimony because your lawyer can explain the nature and extent of your injury and its affect on your life.  Your lawyer will not be constrained by the rules of evidence as he would at jury trial.

     Also, there is no “cap” on the amount of your recovery at mediation unless there is a cap in your jurisdiction for certain types of damages.  If there is a cap in your jurisdiction, then no defense lawyer is going to offer you $$ that is greater than you could get at trial.  If there is no cap, then the only limit on your recovery is what you and your lawyer and the mediator can convince the defense/insurance company to pay. 

     So, if your lawyer is suggesting mediation for your case, we think that is a GOOD thing!  It may be a quicker, but still fair way to resolve your case, and it may save $$ on litigation expenses.  Most importantly, mediation gives you alone the power to decide your case.  Good luck!