A copy of the Settlement Agreement is available here: Settlement Agreement.
The terms of the Settlement Agreement and its exhibits control the Settlement Program, the process for participating in the Settlement Program, and the award amount for each individual claimant under the Settlement Program.
The procedure set up by the Settlement Program is as follows.
(1) Registration: All individuals wishing to make a claim under the Settlement Program must register for the Settlement Program. Registration involves providing basic information about a claimant, his or her Durom Cup(s), and his or her hip surgeries. Lawyers for claimants who register at least one claimant are required to register all Durom Cup claimants they represent, regardless of whether or not all of that lawyer’s clients ultimately wish to complete the Settlement Program. Failure to register all Durom Cup clients may result in exclusion of all clients from the Settlement Program. Registration is completed by submitting the Registration Form (Exhibit A for represented claimants or Exhibit B for unrepresented claimants). Claimants or their counsel are encouraged to register for the Settlement Program as soon as possible. The Registration Form must be submitted by May 31, 2016.
(2) Categorization: All registered claimants must also submit a proposed categorization and determine an award amount under the Settlement Program by completing the Categorization and Award Amount Form (Exhibit C) and submitting the required records, as listed in the Form. The Categorization and Award Amount Form must be completed and submitted along with all required records by May 31, 2016. Claimants asserting extraordinary injury are also required to submit the Extraordinary Injury or Loss Claim Form (Exhibit D) along with the Categorization and Award Amount Form by May 31, 2016.
(3) Notice of Award: By August 1, 2016, Zimmer will notify claimants’ counsel and unrepresented claimants whether it has agreed or disagreed with their proposed categorizations and award amount. If Zimmer disagrees with a claimants categorization and award amount, its notice will include the award amount Zimmer is willing to pay. Zimmer will provide an individual Final Release and Settlement Agreement to each claimant with its notice of award amount.
(4) Acceptance of Offer: Claimants wishing to accept Zimmer’s award amount must complete the Final Settlement and Release Agreement (Exhibit E), including all attachments, and submit them by September 15, 2016. At least 90 percent of individuals who are eligible to participate in the Settlement Program must accept Zimmer’s award amount and provide a completed Final Release and Settlement Agreement or Zimmer, at its sole option, may terminate the Settlement Program and all individual settlements. Additionally, if less than 90% of a Participating Counsel’s Eligible Claimants complete the categorization process and accept Zimmer’s offer without mediation, Zimmer may terminate all individual settlements as to any or all of that Participating Counsel's Eligible Claimants.
(5) Mediation: If a claimant does not accept the award amount offered by Zimmer, mediation is mandatory. The claimant may request mediation by completing the Mediation Request Form (Exhibit F). The Mediation Request Form should be served on or after September 15, 2016. All mediations must be scheduled by February 28, 2017, and must be complete by September 15, 2017. At least 67% of claimants offered a settlement at mediation must accept the settlement amount and provide a completed Final Release and Settlement agreement or Zimmer, at its sole option, may terminate the settlements for all individuals who participated in mediation.