Minnesota Zimmer Hip Lawsuit Claims Defective Design
The latest injured patient to seek a Zimmer hip settlement is plaintiff Tina Muetz, who filed her Zimmer hip replacement lawsuit on October 20, 2011, in the U.S. District Court of Minnesota.
Though 2008’s voluntary Zimmer hip implant recall involved — exclusively — the Durom Cup hip model, many recent actions in pursuit of a Zimmer hip settlement have alleged a defective design in other artificial hip devices. Tina Muetz’s Zimmer hip replacement lawsuit, for example, claims that premature failure occurred in Zimmer’s Trilogy Acetabular Hip System.
Zimmer hip lawsuit alleges “wanton” negligence
Plaintiff Muetz was a 34-year-old surgical technician in July, 2009, when she received Zimmer’s Trilogy hip system in the hopes of re-attaining her former active lifestyle, which included frequent outdoor activities such as fishing and hiking. It wasn’t long before the problems began, however. Muetz’s artificial hip dislocated for the first time in January, 2010, only six months after her initial surgery. The hip dislocated five more times over the course of the next four months, causing Muetz “incredible suffering and trauma.” She required repeated hospitalizations, and was forced to quit her job. Finally, on September 29, 2010, only 14 months after her initial surgery, Muetz underwent total revision surgery to completely remove and replace the Zimmer Trilogy hip system. Her surgeon noted at the time that “the polyethylene liner of the acetabulum had fractured… and when the ball would come in contact … it would dislocate.”
The official complaint of Muetz’s Zimmer hip replacement lawsuit contends that the labeling on Zimmer’s hip implant was “misleading and inaccurate,” and that the artificial hip maker was “negligent, careless, reckless, and wanton“ in failing to warn patients and doctors of “the true risks of the Zimmer hip system.”
Muetz’s Zimmer hip lawyer seeks multiple damages
In she and her Zimmer hip lawyer are unable to negotiate a pre-trial Zimmer hip settlement, Muetz seeks actual and punitive damages for her mental and emotional anguish, and physical pain and suffering. She also seeks compensation for loss of earnings and future earning capacity, cost and expenses of the litigation, and attorney’s fees.
Joint maker establishes Zimmer hip settlement fund
Subsequent to its 2008 Zimmer hip implant recall of the Durom Cup device, the joint maker announced that it was establishing a Zimmer hip settlement fund to cover compensation payouts to injured patients. At last known count, the fund had reached $145 million.