California Woman Claims Design Defect in Zimmer Hip Lawsuit
California resident Therese Gonzales filed a Zimmer hip lawsuit on March 15, 2012, in the ongoing multidistrict litigation (MDL) in the New Jersey District Court. She seeks in excess of $75,000 in damages.
Gonzales’ Zimmer hip lawyer alleges that the Zimmer Durom Cup was defectively designed. The device model in question has not been the subject of a Zimmer hip implant recall, and remains on the market.
Plaintiff’s Zimmer hip lawyer claims Durom cup loosened prematurely
According to her Zimmer hip lawyer, Gonzales underwent a right total hip replacement surgery on October 3, 2006. At that time, she was implanted with the Zimmer Durom acetabular cup at the Tri-City Medical Center in San Diego, California.
About four months later, on February 20, 2007, Gonzales underwent a left total hip replacement surgery, and again was implanted with the Durom acetabular cup at the same medical center.
Following these hip replacements, Gonzales claims she began to experience pain. According to the complaint drawn up by her Zimmer hip lawyer, the side effects she’s experiencing “are consistent with loosening of the acetabular cups used in her hip replacements….”
Suspension of sales, but no Zimmer hip implant recall
Though no Zimmer hip implant recall has been issued by the manufacturer, on July 22, 2008, Zimmer temporarily halted sales of the Durom cup. After their own investigation, however, the company concluded that the Durom cup failures were not due to a design defect, but to surgeon error. They created a new educational program for surgeons, and re-released the product.
Gonzales claims that the design of the Durom cup prevents it from seating properly in the socket portion of the hip, thereby preventing the boney ingrowth necessary to achieve permanent fixation.
Plaintiff’s Zimmer hip lawyer claims cups found to be loose
According to her lawsuit, on March 16, 2010, Gonzales went through revision surgery to correct her flawed right hip implant. During the procedure, her surgeon found the cup to be “obviously loose.”
Gonzales is also in the process of scheduling a second revision surgery for her left hip implant. She has stated in her complaint that the Durom cup was marketed in such as way as to mislead consumers regarding its safety and efficacy.
Plaintiff seeks compensation, despite no Zimmer hip implant recall
Gonzales’ Zimmer hip lawyer raises counts of strict liability, negligence, and more. She seeks compensation for medical expenses, physical impairment, disfigurement, pain, and mental suffering.
Gonzales also seeks punitive damages, stating that, “Defendant had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others.”