In 2006, the FDA approved Durom Cups (Durom Acetabular Components) for sale on the market by its manufacturer, Zimmer Holdings. In recent years it has been alleged that this metal-on-metal hip replacement has failed at high rates and a product recall has even been issued. According to a July 22, 2008 letter from Zimmer, the hip implant was voluntarily recalled.
The company stated 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 outcomes of more than 1,300 hip replacement surgeries which used the Durom Cup and found that the revision rate for the device was as high as 5.7% (i). On October 30, 2012, the Therapeutic Goods Administration of Australia announced that Zimmer had also removed its Durom Cup from the Australian market. The company suspended sales because the country’s National Joint Replacement Registry found that the hip implant failed at a rate of 6.8% after 5 years and 9.6% after 7 years (ii).
Some patients who received the Durom Cups have consulted with hip replacement lawyers and attorneys across the United States and have filed hundreds of lawsuits. Many of these suits allege a product defect and that the plaintiff suffered a serious complication. The July 10, 2013 report from the Judicial Panel on Multidistrict Litigation determined that in the matter of In Re: Zimmer Durom Hip Cup Products Liability Litigation – MDL 2158 there have been a total of 207 lawsuits and 94 of these legal actions are still pending (iii). The company acknowledged this pending liability in its 2012 Annual Report. According to the Annual Report, the company estimated that it will be liable for $260.8 million and they “expect the majority of the Durom Cup-related claims within the next five years.” The company also acknowledged that one lawsuit in particular “could result in a loss of up to $20 million” (iv).
Attorney Paul d’Oliveira stated, “Hip manufacturers have seen an increase in the number of lawsuits they are facing because patients are becoming educated on their legal rights. Our firm has released this new infographic and video for this very purpose, to help patients better understand this device. Also, our staff is ready to talk to anyone who needs help taking the next step towards being compensated for their hip injury.”
d’Oliveira & Associates is currently investigating the alleged dangers of all-metal hips like the one manufactured by Zimmer. Visit our website and view the Zimmer Durom Infographic and Video. The firm works with some of the more experienced hip replacement lawyers in the country who are filing these types of product liability lawsuits. Contact the firm to receive a free legal consultation and there is no legal fee unless you receive a settlement or award. Call toll-free at 1-800-992-6878 or fill out a confidential online contact form.
Sources:
- (i) Urgent Device Correction, July 22, 2008.
http://www.zimmer.com/content/pdf/en-US/DUROM-SURGEON-LETTER-07-22-08.pdf - (ii) Therapeutic Goods Administration of Australia, October 30, 2012.
http://www.tga.gov.au/safety/alerts-device-hip-dac-121030.htm - (iii) 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 - (iv) 2012 Annual Report.
http://www.annualreports.com/HostedData/AnnualReportArchive/z/NYSE_ZBH_2012.PDF
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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