Zimmer Hip Replacement Problem | Canadian Lawsuit

Representative Plaintiffs Named in Canadian Zimmer Hip Lawsuit

Shay Morrigan | September 19th, 2011

News of the most recent Canadian Zimmer hip lawsuit—a class action suit representing every Canadian who received the Zimmer Durom Cup implant—is spreading like wildfire. Nearly 5,000 people have received the Zimmer Durom Cup in Canada, and all are eligible to participate in this approved class action. Two alleged victims of Zimmer hip replacement problems have been named as the representative plaintiffs—Susan Wilkinson and Dennis Jones.

Zimmer hip implant lawsuit claims early failure

British Columbia Supreme Court Justice Gregory Bowen recently approved the class action Zimmer hip implant lawsuit, stating, “The evidence is there that there have been at least 33 cases of Durom Cup failure in Canada.” Of those 33 cases, 21 involved evidence of pain and/or loosening, and four indicated a hip implant failure of the Durom Cup to adhere to the patient’s bone.

Susan Wilkinson received her Zimmer hip implant in April 2008, and a few months later started experiencing Zimmer hip replacement problems. During her hip revision surgery in which she had the implant removed, she was awake when the Zimmer hip implant popped out with just the force of her surgeon’s hand. It had failed to fuse properly to the bone.

Retiree suffers Zimmer hip replacement problems

Dennis Jones, the other representative plaintiff in the Canadian Zimmer hip lawsuit, was sixty-three years old when he underwent hip replacement surgery with the Zimmer Durom Cup on January 14, 2008. Eight months later he started experiencing pain and found it difficult to get out of his car, and by December he had to use a cane to walk. Mr. Jones couldn’t even sleep on his right side, where the implant had taken place.

On May 11, 2009, he went through revision surgery to replace the Durom Cup. As with Ms. Wilkinson’s implant, the prosthesis had failed to fuse to the bone. Mr. Jones’ surgeon stated that, “the cup tapped and easily removed showing no bony ingrowth in any area.”

Device to blame for Zimmer hip replacement problems?

Thirty-three cases of Canadian Zimmer hip replacement problems that required revision surgery have been reported to Zimmer, Inc. Gloria McSherry, for example, who was implanted with the Durom Cup on August 1, 2007, underwent revision surgery in June 2010, with medical records again indicating no ingrowth into the Durom Cup.

Zimmer claims that simply because a patient had to undergo revision surgery does not automatically mean the device was to blame. They point out other potential causes such as infection, trauma, dislocation, bone fractures, and metal hypersensitivity.

Lawyers in this Zimmer hip implant lawsuit are expected to point to the evidence against Zimmer, however, including the 2008 warning by prominent U.S. orthopedic surgeon Dr. Dorr of early failures with the device, the 2009 European safety notice regarding early failures, the company’s own Field Safety Notification and letter to surgeons in late 2009 concerning Zimmer hip replacement problems, and the fact that Zimmer ceased sales of its Durom Cup in the United States in 2010, while continuing to sell the device in Canada.

Zimmer hip lawsuit class action

A class action Zimmer hip lawsuit involves a group of people who have retained a Zimmer hip lawyer and together have similar claims against the defendant. A decision in favor of the plaintiffs in this case could result in a Zimmer hip settlement that would then be divided equally among all, according to predesignated criteria.