Zimmer Biomet Holdings Inc. has agreed to settle most of its Durom Cup hip implant litigation, but the deal might exclude dozens of cases brought by a lead plaintiffs attorney who is fighting to pay for the rising costs of the multidistrict litigation.

In a Feb. 11 settlement, Zimmer agreed to resolve “nearly the entirety of the litigation,” which includes about 400 lawsuits coordinated in federal court in New Jersey alleging that its Durom Cup loosens, causing pain and requiring additional surgeries. Rick Meadow of The Lanier Law Firm in Houston, one of the plaintiffs firms that negotiated the settlement, said the deal could include about 300 unfiled claims and lawsuits filed in state courts, where trials have taken place in Los Angeles and Chicago.