Zimmer: No Stranger to Litigation
The Zimmer hip was first identified as having a high rate of hip implant failure by Dr. Larry Dorr in April of 2008. Dr. Dorr brought his concerns about the implant to the manufacturer and then also brought his concerns up to the American Association of Hip and Knee Surgeons. He warned of Zimmer hip problems including failures requiring hip revision surgery. He indicated that the Zimmer Durom Hip was often unable to bond as required for normal function of the implant.
Zimmer did not recall the product when complaints regarding alleged defects were brought to light, but they did eventually suspend sales later that same year in an effort to investigate the allegations of the Zimmer Durom Cup’s high rate of failure.
The painful consequences of the Zimmer Durom Cup hip implant as well as the invasive nature of the procedures required to correct the problem led many to secure a Zimmer Hip lawyer.
Zimmer Hip lawsuit allegations
Common allegations include: design defects; failure to adequately test the device prior to release; and failure to initiate a recall of the device when it became apparent there were design issues resulting in a high failure rate.
Zimmer firmly denies each of the allegations and has demonstrated a willingness to battle them in court.
Zimmer defends against prior claims
As a major pharmaceutical company it isn’t surprising that Zimmer has been the defendant in prior litigation. In 2008, Zimmer was included in a lawsuit against several joint implant manufacturers.
According to the lawsuit, a Pennsylvania based medical supply company called Intermedics-McCullough alleged that Zimmer (along with several other major joint implant manufacturers) paid illegal kickbacks to doctors, effectively blocking McCullough from entering and competing in the market.
The allegations against the defendants stated that the monetary compensation (or kickbacks) were offered “for the purpose of gaining exclusive access to the lucrative replacement hip, knee and joint industry and to the orthopedic industry in general.” Dozens of doctors were listed as “recipients” of over 200 illegal payments ranging from $100 up to the $8 million.
Zimmer is no stranger to the courtroom and has powerful resources to protect themselves against all kinds of legal claims. Not surprisingly, this case was ultimately dismissed.
Zimmer will likely defend again
Those with questions about their own experience with the Durom cup implant should consult a Zimmer Hip lawyer to determine the most appropriate course of legal action against such a major force in the pharmaceutical industry.