Dispute Over Common Benefit Fund Lingers After Durom Cup Suit Settled

NEWARK, N.J. - Parties to a Durom Cup personal injury lawsuit filed a Stipulation of Dismissal with Prejudice with the federal MDL court on Dec. 6, ending a case they previously indicated was settled through mediation. Ricciardo, et ux. v. Zimmer Holdings Inc., et al., No. 2:11-cv-003837 [In re: Zimmer Durom Hip Cup Products Liability Litigation, MDL No. 2158; Master Docket No. 09-4414] (D. N.J.).

However, the court has yet to rule on a motion filed by William R. and Suzanne G. Ricciardo to waive a 4 percent mandatory contribution to the plaintiffs' "common benefit fund," with the Ricciardos still …