California Plaintiff Files Zimmer Hip Failure Lawsuit
California resident Errol Thompson is suing Zimmer Holdings based on allegations that the company manufacturer and sold a defective medical device known as the Durom Hip Cup, which caused the plaintiff to sustain severe injuries. Thompson’s Zimmer Durom Cup lawyer filed the complaint on May 24, 2013 in U.S. District Court, Central District of California (Riverside).
Thompson claims that as a direct and proximate result of the defendant’s negligence, he has suffered and will continue to incur physical injuries, pain, suffering, emotional distress, and economic losses for which he is entitled compensatory damages. Several causes of action are named in the Zimmer hip failure lawsuit, including:
- Strict products liability: manufacturing defect
- Strict products liability: design defect
- Failure to warn
- Breach of implied warranty or merchantability
- Breach of implied warranty of fitness
Failed Durom Cup required early revision surgery
As stated in court documents, the plaintiff underwent total hip replacement surgery in Upland, California. His orthopedic surgeon, Dr. Jay Shah, implanted the Zimmer Durom Cup in Thompson’s left hip. By September 29, 2011, the plaintiff had experienced hip replacement failure and was back on the operating table for revision surgery, to remove the defective implant.
Errol Thompson argues that Zimmer knew or should have known that the Durom Cup was dangerous when used in its intended manner, and that the company failed to perform adequate tests on the device before placing it on the market.
The Durom Cup was FDA-approved for use in hip replacement procedures in 2006, but within one year patients began reporting early failure rates with the metal-on-metal device that is made from a cobalt chromium alloy. It was soon discovered that the metal components were grinding together, releasing cobalt and chromium ions into the patient’s tissues and joint, causing inflammation, persistent pain, and causing the device to loosen prematurely. Zimmer knew of these hip replacement complications in 2007, but waited until 2008 before launching an inquiry into the problems. The lawsuit contends that the manufacturer waited until July 2008 before suspending sales of the Durom Cup, and that it exercised negligence for failing to warn about increased risk for adverse events.
Errol Thompson’s allegations mirror those of hundreds of other lawsuits: That the defendant knew the Durom Cup was prone to early failure and posed risk of injury to recipients, but took no timely actions to warn consumers, health care providers or the FDA.
Damages sought in Zimmer hip failure lawsuit
Estimates hold that at least 12,000 American patients have been implanted with the Durom Acetubular Cup since 2006. While the brief suspension of sales is often labeled a Zimmer hip recall, the Durom Cup was placed back on the market in August 2008 along with detailed surgical instructions and information on the company’s new surgical training program. Zimmer has maintained that its Durom Cup is free of design defects and blamed reports of complications and failure rates on poor surgical technique.
Errol Thompson, represented by his Zimmer Durom Cup lawyer, has requested a trial by jury and is demanding compensatory damages for his pain, suffering and injuries in addition to attorney fees and legal costs for filing the products liability suit.