Iowa Man Claims Zimmer Was Aware of Durom Cup Defects
Iowa resident Donald Phillips, represented by his Zimmer hip lawyer, filed a new lawsuit against Zimmer, Inc. on September 13, 2012. The case is currently proceeding in the Superior Court of the State of California, Los Angeles. Phillips claims that after he was implanted with the Zimmer Durom Cup, he experienced serious side effects and had to eventually go through revision surgery to have the allegedly defective implant replaced.
No Zimmer hip replacement recall
This is the same implant that was temporarily withdrawn from the market in July 2008. Despite this temporary suspension of sales, no Zimmer hip replacement recall has been issued. The product was re-released a month later with updated instructions for surgeons.
Phillips claims in his Zimmer hip implant lawsuit that his orthopedic surgeons implanted the Durom Cup using the training and instructions provided by the defendants. Following the surgery, his wounds healed well without infection, and his x-rays showed the hip replacement to be properly positioned and affixed, and the hip replacement suffered no unexpected impacts.
After some time had passed, however, Phillips claims that he experienced pain and extreme weakness in his hip and other areas.
Zimmer hip lawyer recalls early warnings by Dr. Dorr
In his complaint, Phillips’ Zimmer hip lawyer notes that Dr. Lawrence Dorr, a prominent surgeon in the state of California, communicated to Zimmer in 2007 that an abnormal amount of his patients implanted with the Durom cup were experiencing pain and required surgery to replace the implant.
Zimmer allegedly ignored the doctor’s warnings, so in April 2008, he publicly warned other orthopedists about cup failures his patients were experiencing, and urged Zimmer to stop selling the product. On July 22, 2008, Zimmer announced the so-called “Zimmer hip replacement recall,” which was actually a suspension of sales of the Durom Cup.
Plaintiff: Company failed to issue Zimmer hip implant recall
Phillips also claims that the defendants were aware of a high rate of unexplained failures of the Durom Cup, but failed to warn physicians and patients, and continued to market and sell the implant. As a result, neither he nor his surgeons suspected that the source of his problems were the result of the failure of the Durom Cup.
Phillips’ Zimmer hip lawyer claims that as a result of the defendants’ negligence and failure to warn, Phillips suffered grievous personal injury in living with a painful, defective implant in his hip. He was required to undergo a painful and invasive revision surgery to remove the parts of the allegedly defective Durom Cup when it was replaced with another total hip replacement system.
Phillips goes on to claim that he will continue to incur medical, surgical, and other related expenses, and believes his injuries are permanent. He brings counts of negligence, breach of warranties, manufacture and design defects, and failure to warn. He seeks general and punitive damages.