Zimmer Implants have been recalled and hip implant lawsuits are being filed against the manufacturer. It is alleged that they have suffered metal poisoning and reduced mobility caused by bone loss and device failure. Our law firm is working with some of the more experienced hip replacement lawyers and there is no legal fee unless you receive a settlement or award. Call us toll-free anytime or submit an online contact form.

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Have You Suffered a Complication After a
Zimmer Durom Cup Hip Implant?
Call d’Oliveira & Associates for a Free Case Evaluation.

Zimmer Hip Replacement LawsuitZimmer began selling its hip replacement across Europe in 2003 but the FDA did not approve this implant until 2006. The company designed its Durom Cups (Durom Acetabular Component) to be used with its Metasul Large Diameter Heads (Metasul Metal-on-Metal Tribological Solution LDH). The cup and the head create a metal on metal joint. The two components of this joint can grind against each other as the patient moves, which can create metal debris and cause corrosion. Such all-metal hip implants have failed at high rates across the industry and Zimmer is one of three manufacturers that have suspended product sales in the United States because of these high revision rates.

Zimmer Hip Implant Injuries

Patients who have received Durom Cups have reported a number of complications associated with the device including revision surgery. People with metal on metal hips should monitor the performance their implant and talk to a doctor if they have any concerns about it durability. Some of the first signs of corrosion are “squeaky joints,” pain, and difficulty moving. These signs should not be dismissed because they often precede a more serious injury like device failure. If you have suffered any of these problems, then you should talk to a Zimmer Hip lawyer about filing a lawsuit. Any of the following injuries may give rise to strong legal case.

  • Stiffness and discomfort
  • Reduced range of motion
  • Inflammation/swelling
  • General pain
  • Metallosis
  • Device loosening, fracture, and dislocation

Studies Reveal High Failure Rates

Zimmer Hip Replacement Lawsuit

As early as 2007 Zimmer was aware that its Durom Cups were not performing as expected. In April 2007, Dr. Lawrence Dorr, a consultant for the company, told them that he was concerned the safety of the device and stated that “you should pull this cup because you are crippling patients.” Read The New York Times article. In one presentation, Dr. Dorr stated that he had implanted 165 of these hip replacements and ten patients required surgery within two years while another four were still in need of surgery. He found that the component came loose and even migrated in one case. In July 2008, the company finally heeded their consultant’s advice and stopped marketing the hip implant.

In May 2010, the Journal of Arthroplasty published a study from the University of Wisconsin which compared the outcomes of patients who received different devices in total hip replacement surgeries. After one year, patients with the Durom Cups experienced 11% failure while other devices experienced no failure. “Failure” meant there was “revision or persistent moderate/severe groin pain” (i). In October 2012, Zimmer removed its implant from the Australian market. Sales were suspended because data from Australia’s National Joint Replacement Registry showed that the device failed at a rate of 6.8% after 5 years and 9.6% after 7 years (ii).

Zimmer Hip Recall

According to a July 2008 letter from Zimmer, Durom Cups were voluntarily recalled. The company explained that the “results of our in-depth investigation have led us to conclude that additional surgical technique instructions and training are necessary in the United States.” The company investigated the results of over 3,000 total hip replacement surgeries which used Durom Cups and found that it had a revision rate 5.7%. It estimated that approximately 13,000 people had been implanted with the device in the United States (iii). See the list of all of the different sizes and models that have been recalled. According to the company’s 2012 Annual Report, more than $400 million have been set aside for the hip recall and product liability claims since 2008.

Zimmer Hip Lawsuits on the Rise

Zimmer Hip Lawsuits

Patients who have been injured by this device are now talking to attorneys about their options. Many have filed lawsuits in order to recover for their medical expenses, lost income, pain and suffering, and other damages. Forbes recently ran an article estimating that these types of suits could cost billions of dollars and that Zimmer has already settled “hundreds of patient claims.” Additionally, according to the company’s 2012 annual report, it expects another $260 million in liability and acknowledged that one lawsuit in “could result in a loss of up to $20 million” (iv).

The number of these lawsuits has grown so large that a multidistrict litigation (MDL) has been established. The case referred to as In Re: Zimmer Durom Hip Cup Products Liability Litigation – MDL 2158 has had a total of 207 legal actions and 94 of these are still pending (v). One of the lawsuits that has been included in this MDL was filed on behalf of Richard Seal. He is an Oregon man whose complaint alleges that his implant “has been nothing short of a disaster for him.” He also claims that he has suffered pain as well as permanent disfigurement and is now seeking more than $75,000 in damages.

In May 2013, Mary Saunders filed a Zimmer lawsuit after she was forced to undergo corrective surgery just five years after receiving Durom Cups. The suit alleges that she suffered “great pain and agony that restricted her ability to engage in the physical activities she enjoys, and has affected her ability to perform basic household chores and yard work.” In the same month Daren Lady filed a lawsuit after his Zimmer Hip Implant failed prematurely. He underwent surgery in September 2006 and he experienced severe pain immediately following implantation. During the revision surgery in December 2006, doctors discovered the device failed to fit properly causing his legs to be different lengths. He now claims that it is “unreasonably dangerous” considering he suffered metallosis and multiple surgeries. One of the most recent lawsuits was filed by John O’Neal and it alleges 13 different counts including strict liability, negligence, fraud, and unjust enrichment. According to the suit “Zimmer failed to recognize the deficiencies of the Durom Cup due to poor and inadequate quality assurance procedures.”

Do You Need to Talk to a Hip Replacement Lawyer?

Zimmer Hip Replacement Lawsuit being handled by a defective device lawyerIf you or a loved one has been injured due to Durom Cups, then you should talk to a personal injury attorney. You may be entitled to compensation for your hospital bills, lost wages, scarring, or other damages. We are now working with defective hip replacement lawyers, who can file a Zimmer lawsuit on your behalf. And, there are no legal fees until you receive a settlement or award for your injuries.

Sources:

  • (i) Journal of Arthroplasty, May 2010.
    http://www.arthroplastyjournal.org/article/S0883-5403%2810%2900237-8/abstract
  • (ii) Therapeutic Goods Administration of Australia, October 30, 2012.
    http://www.tga.gov.au/safety/alerts-device-hip-dac-121030.htm
  • (iii) Urgent Device Correction, July 22, 2008.
    http://www.zimmer.com/content/pdf/en-US/DUROM-SURGEON-LETTER-07-22-08.pdf
  • (iv) 2012 Annual Report.
    http://files.shareholder.com/downloads/ZMH/2577181586x0x649725/4521EBFE-22CD-41FD-8557-0EDCA4C69302/458588_005_BMK1.PDF
  • (v) Judicial Panel on Multidistrict Litigation, July 10, 2013.
    http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-July-10-2013.pdf