Florida Durom Cup Lawsuit Joins Zimmer MDL
On April 30, 2013, a new Zimmer Durom Cup lawsuit was filed against the orthopedics manufacturer. The plaintiffs, Ann and Walter Zaniboni, allege that the Durom Cup’s failure resulted in significant and ongoing medical complications.
The complaint was originally filed in the U.S. District Court for the Middle District of Ocala, Florida; however, the case is being transferred to multidistrict litigation (MDL) No. 2158 for the sole purpose of pre-trial proceedings. The Zimmer MDL is proceeding in the U.S. District Court for the District of New Jersey under Judge Susan D. Wigenton. The MDL was created by the Judicial Panel on Multidistrict Litigation (JPML) to streamline the litigation process for complaints that share commonalities.
Plaintiff forced to undergo revision surgery
In 2007, Ann Zaniboni was implanted with the Zimmer Durom Cup in her right hip. According to the complaint, she began to experience problems including ongoing pain that restricted her mobility and interfered with her ability to carry out day-to-day activities. The plaintiff has also suffered from elevated levels of metal in her bloodstream, a side effect that is common with the metal-on-metal implants.
In 2013, the plaintiff underwent a revision surgery to remove the hip replacement. However, according to this Zimmer Durom Cup lawsuit, the plaintiff continues to suffer from debilitating pain, and a significantly reduced quality of life. The claimants are seeking damages in excess of $75,000 for past and future pain and suffering, emotional distress, disfigurement, disability, and medical expenses. They are also seeking compensatory damages for rehabilitative and pharmaceutical expenses, and loss of past and future wages.
Zimmer hip lawyer alleges flaws in Durom Cup
The lawsuit notes that when Zimmer first sought FDA approval for sale of its hip implant in 2005, the company filed a Section 510(k) Premarket Notification. This filing requests a simplified approval process, without the extensive review of the product that the FDA would otherwise conduct. The Zimmer Durom Cup was approved for sale in the U.S. three months after the filing. The fast-track approval process compared the Durom Cup to similar products already on the market, without stringent testing that might indicate flaws in design.
The Durom acetabular cup has a surface specifically designed to promote the adherence of bone to the device; however, according to many plaintiffs’ complaints, the device does not work in the manner intended. The metal components also have the potential to generate loose metal ions due to friction on the parts, which can lead to elevated levels of metal in the bloodstream.
Plaintiffs say Zimmer failed to warn
This Zimmer Durom Cup lawsuit is not the only one filed against the company that alleges that the device is defective. The Zanibonis and other plaintiffs also claim that the company failed to adequately warn healthcare professionals and patients of the potential for serious side effects. Lawsuits have also accused the company of failure to implement effective quality assurance procedures, as well as inadequate testing of the Zimmer device to ensure safety.