South Carolina Plaintiff Sues Zimmer Over Durom Cup Problems
On January 18, 2013, Arthur Bradley filed a lawsuit against Zimmer Holdings, Inc. in the U.S. District Court, District of South Carolina (Greenville). The plaintiff alleges that the defendant manufactured and sold a defectively designed Durom Acetubular Cup, which caused him to suffer injuries after being surgically implanted with the device. Bradley is demanding compensation for Zimmer hip complications, citing pain and suffering that has affected his ability to engage in normal physical activities as well as his capacity to work.
His Zimmer hip lawyer charges the defendant with false representations and omissions regarding the safety of the Durom Cup, stating that his client relied on these misrepresentations when opting to use the manufacturer’s prosthetic hip implant.
Plaintiff seeks compensation for Zimmer hip Durom Cup problems
Since it was first introduced to the U.S. market in 2006, the Zimmer Durom Cup has been implanted in an estimated 12,000 patients. The device was marketed to both consumers and their physicians as a revolutionary system that would offer a greater range of motion and less wear on bearings compared to traditional hip implants. However, contrary to these representations, patients who received the implant developed serious complications including loosening of the device, inflammation and pain – often indicating the need for corrective surgery.
Dr. Lawrence Dorr, M.D. – a leading orthopedic surgeon and Zimmer consultant – wrote a letter to his colleagues at the American Association of Hip and Knee Surgeons in 2008 that revealed his concerns about Zimmer hip replacement problems. He cited alleged flaws in the Durom Cup design that resulted in unreasonably high failure rates of nearly 24 percent, which is much higher than Zimmer’s predicted failure rate of 5.7 percent. Dr. Dorr contended that the devices were failing due to poor fixation, which resulted in severe pain and early hip failure. According to court documents, other orthopedic surgeons voiced similar concerns over the safety and complications arising from Durom Cup hip replacements. But despite the memorandum from Dr. Dorr and hundreds of plaintiffs seeking compensation for Zimmer hip complications, the manufacturer continued to sell its hip implant in the United States. The company issued a temporary suspension of sales in 2008, but concluded the Durom Cup was free of any defects, so returned it to the market shortly thereafter with more detailed surgical instructions.
Zimmer hip settlement or court award sought
As detailed in his complaint, Arthur Bradley alleges he suffered significant injuries from his failed Durom Cup, which was implanted in his right hip on May 13, 2008. Following his surgery in a Grenville, South Carolina hospital, Bradley states that he developed terrible pain that interfered with his daily living. He also states that his doctors have recommended he undergo revision surgery, but that his current heart condition precludes this possibility. For his bodily injuries allegedly caused by the defective Durom Cup, the plaintiff requests compensation for Zimmer hip failure. If his lawsuit is successful, the plaintiff may secure compensation for emotional distress, mental anguish, economic losses and other damages.
The claimant’s Zimmer hip lawyer levels multiple counts against the defendant including strict liability – failure to warn, design defect, manufacturing defect, negligence, negligence per se, breach of implied and express warranty, fraud, and negligent misrepresentation.