Utah Plaintiff Requests Compensation for Zimmer Hip Failure
On November 27, 2012, Diane and Mark Mott filed a lawsuit against Zimmer, Inc. Their complaint, which requests compensation for Zimmer hip problems, will be heard in the U.S. District Court for the District of Utah (Central Division) unless it is transferred to multidistrict litigation in New Jersey Federal Court.
Though the MDL unites plaintiffs from across the country alleging similar problems, no Zimmer hip implant recall has yet been issued.
Hip implants should cause no friction or pain
The hip is a ball-and-socket joint, meaning that the ball portion of the hip joint (femoral head) fits into the socket of the hip bone (pelvis). When a patient undergoes a hip arthroplasty, or total hip replacement, a cup-like shell is implanted into the hip socket, and the top of the femur including the hip joint “ball” is removed. This is replaced with a prosthetic femoral stem and ball, to fit securely into the acetabular cup where it should move relatively easily, without friction or pain, within that artificial socket.
Zimmer hip lawyer alleges defective implant
The defendants are responsible for the design, manufacture, marketing and sale of the Zimmer Metasul Durom Acetabular Component, also known as the “Durom Cup.” This is the acetabular component of a total hip replacement – the cup that forms the socket of the joint. This specific implant is unique in that it is not cemented or screwed into place during surgical implantation; rather, it was designed to bond naturally to the patient’s bone. It is intended that the patient’s own bone will grow into the exterior shell of the cup and will hold the cup in place, thus providing a more natural and comfortable hip implant.
However, according to the Motts’ Zimmer hip lawyer, the Durom Cup is, “prone to an unprecedented failure rate.” Rather than functioning in the intended manner, the Durom Cup allegedly has major design flaws, including undue friction, premature wear, and loosening that can cause the implant to pop free from the hip.
Lawsuit demands compensation for Zimmer hip problems
On August 6, 2007, Diane Mott received a left total hip arthroplasty that included the Zimmer Hip Replacement System and Durom Cup. In 2012, her doctors discovered the Durom Cup was loose, and deemed the implant defective. Mott had no option but to undergo early revision surgery and on November 5, 2012, she was taken to surgery for removal of the Zimmer Durom Cup in her right hip.
As a result, the plaintiffs request compensation for Zimmer hip problems. They bring counts of design and manufacturing defect, failure to warn, negligence, breach of express and implied warranties. The husband claims loss of consortium. They request general, special, punitive and exemplary damages in excess of $75,000.
- Complaints Undermine Hip Device. http://www.nytimes.com/2008/07/24/business/24hip.html
- Will Flawed All-Metal Hip Replacements Cost J&J and Zimmer $5 Billion? http://www.forbes.com/sites/petercohan/2011/12/28/will-flawed-all-metal-hip-replacements-cost-jj-and-zimmer-5-billion/