Zimmer is the world’s largest supplier of prosthetic hip implants. All of the primary suppliers of “metal-on-metal” (“MoM”) prosthetic hip implants have the subject of litigation for the past decade, involving allegations of defects in the design of MoM implants.
After approximately eight years of litigation, a settlement agreement was reached and approved by courts of Ontario, British Columbia and Quebec. The administration of the settlement is ongoing. This matter was significant in terms of the sheer magnitude of the claim, the multi-jurisdictional nature of the litigation (both among several provinces within Canada, and in conjunction with multidistrict litigation (MDL) proceedings in the United States) and the media attention it received (e.g. the subject of a cover story in the Focus section in a Saturday edition of The Globe & Mail, Canada’s national newspaper).
Fasken advised Zimmer with a team comprised of Peter Pliszka, Robin Roddey, Zohaib Maladwala and Noah Boudreau.