Durom Cup Settlement Program

Frequently Asked Questions

I am not a U.S. citizen or legal resident of the United States, am I able to participate in this Settlement Program?

No. Only U.S. citizens or legal residents who had a Durom Cup implanted in the U.S. are eligible to participate in the Settlement Program.

I do not have an attorney. Am I able participate in the Settlement Program?

Yes. You may participate as an unrepresented claimant. Please complete the Unrepresented Durom Cup Claimant Registration Form (Exhibit B), and the Categorization and Award Amount Form (Exhibit C) by May 31, 2016, and submit them, along with all required documents, by following the instructions in the forms.

Will Zimmer provide a tolling agreement while a claim is pending in the Settlement Program?

Yes. Upon request, Zimmer will toll the applicable statute of limitations from the date it receives the Categorization and Award Amount Form (Exhibit C), along with proof of dismissal without prejudice for any filed case, to September 15, 2016.

If I have not had a revision surgery, defined as removal of the Durom Cup, am I able to participate in the Settlement Program?

No. The Settlement Program is for revised claimants only.

My doctor told me I need revision surgery or will need a revision surgery, but my surgery has not taken place. Am I eligible to participate in the Settlement Program?

No. You must have had a revision surgery before May 31, 2016, to be eligible to participate in the Settlement Program.

Am I eligible for the Settlement Program if my Durom Cup was not implanted in the United States?

No. Your Durom Cup must have been implanted in a hospital in the United States.

Am I still eligible for the Settlement Program if my Durom Cup was removed in a revision surgery that occurred outside the United States?

Yes. So long as you are a U.S. citizen or resident currently and your Durom Cup was implanted in a hospital in the U.S., the location of your revision surgery does affect your eligibility to participate in the Settlement Program.

Can I make a claim on behalf of a patient who is mentally incompetent or incapacitated?

Yes. A Legal Representative may make a claim on behalf of an incompetent or incapacitated claimant.

Can I make a claim on behalf of a patient who is deceased?

Yes. A Legal Representative may make a claim on behalf of a deceased claimant. Claims made on behalf of deceased claimants are eligible for compensation only under the Fixed Award Program. No settlement payment will be distributed to the Legal Representative of a decedent before a court of competent jurisdiction approves the distribution.

Will my award be reduced by 4% for the Common Benefit Fund if I am not represented by an attorney?

No. The common benefit fund reduction for unrepresented claimants is only 2%.