Plaintiff in Settled Durom MDL Case Asks Court to Waive 'Common Benefit' Fee

NEWARK, N.J. - Counsel for plaintiffs who settled their lawsuit over an allegedly defective Zimmer Durom Cup implant has asked the presiding judge in the Durom Cup MDL to waive a 4 percent "common benefit" fee, saying the case was resolved solely at plaintiff's expense and without benefit of the Plaintiffs' Steering Committee. Ricciardo, et ux. v. Zimmer Holdings Inc., et al., No. 2:11-cv-003837 [MDL No. 2158; Master Docket No. 09-4414] (D. N.J.).

William R. and Suzanne G. Ricciardo say in their Nov. 15 motion that they understand the purpose of the common fund, but note that in the order …