Widow Files Zimmer Hip Lawsuit on Behalf of her Deceased Husband
On October 27, 2011, Ohio resident Penny L. Cloud filed a Zimmer hip lawsuit in the U.S. District Court for the Southern District of Ohio as executor of the estate of Robert C. Cloud, and as his spouse. The case was later transferred to the current multidistrict litigation (MDL) in New Jersey, where Zimmer hip lawyers represent other plaintiffs making similar allegations regarding Zimmer hip replacement problems.
Cloud claims in her complaint that the defendants designed their Durom Cup hip implant in such a way that it fails to bond to the hip bone as intended, resulting in a high rate of premature loosening, or what she refers to as “bonding failure.”
Plaintiff claims Zimmer hip replacement problems
According to this lawsuit, decedent Robert Cloud was implanted with a Zimmer hip implant on March 2007. Within months of this original surgery, he experienced a bonding failure of the device, which was allegedly confirmed by radiologic studies of the site of the hip replacement.
With his Zimmer hip replacement problems confirmed, Cloud went through hip revision surgery on October 2010 to completely replace the implant.
By this time, he was aware that his Zimmer hip implant might be prone to bonding failure, as he had received a copy of a letter dated August 1, 2008, from his doctor, in which the defendants noted that they had temporarily suspended sales of the Durom Cup hip implant to address concerns regarding reports of the product loosening in patients.
Zimmer returned the product to market after three months with more extensive surgical instructions. The manufacturer contends that the Durom Cup device is not defective, and that cases of bonding failure are instead due to poor technique on the part of surgeons.
Zimmer hip lawsuit presents evidence of defective product
Robert Cloud requested that his doctor preserve the prosthetic hip components extracted in the revision surgery. Unfortunately, shortly after the surgery, Cloud passed away on October 29, 2010.
According to his Zimmer hip lawsuit, Cloud suffered acute lung injury, pneumonia, heart failure and renal failure as a direct result of the additional surgery he was required to undergo as a result of the alleged bonding failure of his implant.
Suit blames company for failing to warn of Zimmer hip replacement problems
The Cloud’s lawsuit claims that the defendants should have known about the risk of Zimmer hip replacement problems, like bonding failure, and failed to provide adequate warnings or instructions to the surgeons concerning the risks.
Zimmer hip lawyers representing the Clouds also note that the defendants “negligently performed as suppliers of the product.” Penny Cloud is suing for compensatory damages in excess of $75,000.