Zimmer Hip Lawsuit Joins New Jersey MDL
An individual Zimmer hip lawsuit against orthopedics giant Zimmer, Inc. originally filed in New York, has been transferred to multidistrict litigation (MDL) in the U.S. District Court for the District of New Jersey, joining several other Zimmer hip lawsuits. The suit was filed by plaintiff Willie Brunson Jr., who hired a Zimmer hip lawyer after undergoing multiple revision surgeries to fix what he alleges is a “defective” hip implant. With litigation against Zimmer generally still pending, there is no clear picture as to what Zimmer hip settlement amounts might be.
Mr. Brunson received Zimmer’s Durom Cup hip implant in January of 2008. His Zimmer hip lawyer alleges that shortly thereafter, Brunson suffered severe pain that prevented him from sleeping at night. He eventually required revision surgery in March of 2010 to remove the implant. He seeks in excess of $75,000 for pain and injury, as well as emotional distress, economic damage, fees of his Zimmer hip lawyer, and all other costs he may accrue while trying to obtain a Zimmer hip settlement.
Zimmer hip lawyer alleges deceptive marketing of an unsafe implant
Mr. Brunson’s lawsuit seeking a Zimmer hip settlement, originally filed by his Zimmer hip lawyer on June 21, 2011, was transferred to MDL on October 5, 2011. Brunson alleges that Zimmer marketing and advertising strategies employed ”misrepresentations and omissions [that] falsely and deceptively sought to create the image and impression that use of the Durom Cup was safe.”
In arguing that his client deserves a Zimmer hip settlement, Brunson’s Zimmer hip lawyer alleges that “Zimmer knew or should have known that the Durom cup was not safe for the patients in whom it was implanted, including [Brunson], because of the unacceptable failure rate, which is approximately 24% according to one leading hip surgeon.”
Durom Cup design has led to multiple Zimmer hip lawsuits
Approved by the FDA in 2006, the Durom Acetabular Component (Durom Cup) is not cemented or screwed into place like many other hip implants. Instead, it naturally fuses with the bone, promising patients a wider range of motion. The metal-on-metal implant is also intended to be more durable than standard models. However, some injured plaintiffs have sought a Zimmer hip settlement for problems including metallosis (metal poisoning), dislocation of the implant, severe pain and the need for revision surgery.
In July of 2008, short of recalling the device, Zimmer announced a suspension of Zimmer Durom Cup sales, a decision based partly on reports of high failure rates. Roughly 12,000 patients have received Durom Cup implants, and the number of plaintiffs hiring a Zimmer hip lawyer to pursue a Zimmer hip settlement continues to grow.
Zimmer hip settlement will depend on argument of Zimmer hip lawyer
While it’s impossible to predict the amount of a potential Zimmer hip settlement, a Zimmer hip lawyer will need to prove that the implant failed due to defective design and that Zimmer did not adequately test or accurately market the device for plaintiffs. The first of the MDL Zimmer hip lawsuits is expected to go to trial sometime in 2012.