Zimmer Hip Lawsuit Moves From Louisiana to New Jersey MDL
Another lawsuit seeking damages for alleged Zimmer hip problems has been added to the federal multidistrict litigation (MDL) in New Jersey. Plaintiff Clark Burns, who originally filed his complaint in the U.S. District Court for the Eastern District of Louisiana on August 30, 2011, claims that the Zimmer Durom Cup hip implant he received was defective, and resulted in pain and injury that Burns continues to deal with to this day.
Louisiana plaintiff seeks Zimmer hip compensation
Burns claims that his Zimmer hip problems were so serious that he had to undergo a second surgery to remove the device and replace it with another. The ordeal required additional hospitalization, rehabilitation and medical expense.
In his complaint, Burns states that he was unaware of the risks associated with Zimmer’s Durom Cup when he had the device surgically implanted. According to Burns’ Zimmer hip lawyer, both the plaintiff and his physician received information that the Durom Cup was safe and effective for use.
Clark further states in his complaint that he experienced Zimmer hip problems “as a direct and proximate result of the use of Durom cups,” and that he “continues to suffer serious bodily injury and harm.”
Plaintiff: Zimmer hip problems due to defect
As a result of injuries sustained by alleged Zimmer hip problems, Clark is seeking punitive and exemplary damages, restitution and disgorgement, and fees and interest. Clark is also seeking Zimmer hip compensation for non-economic losses, including disfigurement, pain and suffering and mental anguish.
Clark alleges in his complaint that none of his Zimmer hip problems would have occurred if the manufacturer had issued a Zimmer hip recall of the Durom Cup, or at least provided proper warning of the potential defects in the device.
Clark’s lawsuit was transferred in November, 2011 from Louisiana to the MDL in the U.S. District Court in the District of New Jersey. This consolidation of cases alleging Zimmer hip problems was assigned to this court in 2010, and is overseen by the Honorable Judge Susan D. Wiggenton.
No Zimmer hip recall, despite complaints
Though neither the manufacturer nor the FDA has issued a Zimmer hip recall for the Durom Cup implant, Zimmer did issue a temporary suspension of sales of the device in 2008, in order to investigate patient reports of Zimmer hip problems.
The company determined that surgeon error, not a manufacturing defect, was to blame for instances of premature device failure, and that a Zimmer hip recall was not justified.
Zimmer returned the Durom Cup to the market after three months with new instructions for surgeons.