RECENT ZIMMER BIOMET LITIGATION LIABILITY AMOUNTS BY QUARTERLY REPORT RELEASE DATE
|QUARTERLY REPORT DATE||LIABILITY AMOUNT|
|MAY 2018||$32.5 million|
|AUGUST 2018||$41.4 million|
|NOVEMBER 2018||$62.1 million|
|MAY 2019||$62.1 million|
|AUGUST 2019||$64.3 million|
|NOVEMBER 2019||$65.7 million|
It is not surprising that litigation costs would increase so dramatically for ZBH in late 2018. That’s when the multi-district litigation (MDL) that consolidated all metal on metal hip lawsuits into one lawsuit in South Bend, Indiana shut down. This sent thousands of plaintiffs back to their local federal courts to try their lawsuits, individually. Suddenly, Zimmer Biomet faced lawsuits in separate locations around the country instead of only in the Indiana MDL.
Underestimating the Future Financial Risk
The litigation liability figure of $65.7 million appears extremely low, given recent jury verdicts in similar metal on metal hip lawsuits. For example, juries returned verdicts of roughly $500 million, $1 billion, and $240 million in three consecutive multi-plaintiff trials over a similar metal on metal hip manufactured by Johnson & Johnson.
It is highly possible that Zimmer Biomet’s estimate of $65.7 million to set aside for this litigation may not be enough to cover even a single jury verdict. Of note, Maglio Christopher & Toale, P.A. alone has 19 jury trials scheduled over the next year and a half.
About Maglio Christopher & Toale, P.A. – MCTLaw
Maglio Christopher & Toale, P.A. is leading the U.S. litigation against metal on metal hip replacements with clients across the country. The Firm filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating these cases ever since.
Contact: Altom Maglio, Managing Partner, Maglio Christopher & Toale, P.A.
Source: Maglio Christopher & Toale, P.A.