California Plaintiff Claims Durom Cup Failure Rate Is Greater than Predicted
California resident Troy Williams joined the current Zimmer hip litigation when he filed a new lawsuit against Zimmer Holdings, Inc. on April 30, 2012. Represented by his Zimmer hip lawyer, he filed the case initially in the U.S. District Court for the Eastern District of California, but the case was transferred to the current Zimmer MDL in the District of New Jersey on June 13, 2012.
Williams claims that he suffered from Zimmer hip replacement problems after being implanted with the allegedly defective Zimmer Durom Cup. He notes in his complaint that the actual failure rate of the device between 2006 and 2010 was estimated to be four times higher than Zimmer’s predicted failure rate.
Plaintiff claims Zimmer hip replacement problems
Williams went through total hip replacement surgery to his right hip on January 19, 2007. At that time, he was implanted with the Zimmer Durom Cup. This was the same device that was included in the temporary suspension of sales implemented by Zimmer in the summer of 2008.
About a year later, Williams started experiencing Zimmer hip replacement problems, including severe pain, stiffness, immobility, and the shortening of his right leg. His claims his hip continues to deteriorate, and the pain continues to this day.
According to the complaint drawn up by his Zimmer hip lawyer, Williams’ doctors are evaluating whether or not he will require revision surgery.
Zimmer hip lawyer notes disparity in failure rates
The FDA approved the Zimmer Durom Cup in March 2006. Since the product went through the agency’s fast-track 510(k) approval process, no clinical trials were required.
Shortly after approval, reports of Zimmer hip replacement problems started coming in. According to Williams’ complaint, when analyzing patient outcomes over a four-year period, between 2006 and 2010, the failure rate is estimated to be 24 percent, which is four times higher than Zimmer’s predicted failure rate of 5.7 percent.
Williams’ Zimmer hip lawyer also contends that the Durom Cup has major design flaws, including the fact that it resists bone growth instead of adhering to the bone, which increases the risk that it may become loose or pop free from the hip. The metal-on-metal design also results in friction between the components, which can release metal debris into the hip joint, potentially leading to premature loosening or metal poisoning.
According to his complaint, “the release of metallic debris in the surrounding tissue can lead to a progressive soft-tissue reaction leading to permanent damage, and the metal ions entering the blood stream can affect other areas of the body, including the heart.”
Seeking damages in Zimmer hip litigation
Williams brings counts of design and manufacturing defects, failure to warn, negligence, and breach of warranties. He seeks in excess of $75,000 in general, special, and punitive damages.