Zimmer Durom Cup litigation | Zimmer settlements

Zimmer Durom Cup Litigation Limps Toward Settlements

J. Cooper Carlisle | March 1st, 2011

Zimmer Durom Cup litigation is moving slowly toward settlements as thousands of hip implant recipients experience painful complications and hip implant failure while the US medical device industry continues to generate billions of dollars in profits every year.

Zimmer and DePuy Hip implant failures

Today, consolidated litigation is underway against two of the biggest medical device manufacturers in the world: Zimmer, Inc. and DePuy Orthopedics, which brought in a combined $10 billion in revenue in 2009 alone.

Zimmer Durom Cup failure

At the center of scores of lawsuits against Zimmer Inc. is Zimmer Durom Cup litigation. Introduced in the US in 2006, the Durom Cup is a hip resurfacing system formed out of a single piece of metal. In 2008, Zimmer temporarily recalled the device after a whistleblower found the device to fail in 8 percent of recipients after 2 years. This failure requires the patient to undergo another hip revision surgery. The device is advertised to last 15 years or more.

Today, Zimmer Durom Cup litigation is consolidated in a New Jersey federal court. There are reports that dozens of Zimmer lawsuits have proceeded to mediation, where millions in Zimmer settlements may be distributed to plaintiffs.

DePuy Hip lawsuits in multidistrict litigation

For DePuy, a subsidiary of Johnson & Johnson, the device under scrutiny is the ASR hip implant, a metal-on-metal device that has been found to shed dangerous cobalt and chromium particles into tissue and the bloodstream. In August 2010, the company recalled more than 90,000 ASR hip implants worldwide.

DePuy hip litigation is currently in the early stages of multidistrict litigation (MDL). According to last reports, lawyers on both side are now coming to terms on a protocol to preserve faulty hip devices once they are excised from plaintiffs.

In both DePuy litigation and Zimmer Durom Cup litigation, the removed implants will be valuable pieces of evidence for plaintiffs who must establish problems associated with the devices.

More than 12,000 people received the Durom Cup between 2006 and 2008. In cases involved in the Zimmer Hip recall litigation, the cementless and screwless device was found to slip from the bone, sometimes popping free.

DePuy and Zimmer Hip settlements

DePuy and Zimmer settlements could be valued at millions of dollars each, with precise settlement amounts based upon numerous factors including severity of side effects, age and lost wages.

According to the American Academy of Orthopaedic Surgeons (AAOS), more than 193,000 total hip replacements are performed every year in the US.