Idaho Man Claims Defective Durom Cup Caused Permanent Disfigurement
Plaintiff Daren Lady says he will never fully recover from the complications resulting from his metal-on-metal Durom Cup hip replacement, which left him unable to perform daily activities and in chronic pain. Along with his wife, Debra Lady, the Idaho resident filed a Zimmer hip revision surgery lawsuit in which he demands monetary damages for his past and future medical costs, lost wages, diminished earning capacity, pain, suffering and loss of spousal consortium. The complaint was originally filed in Idaho federal court, but was transferred to U.S. District Court, District of New Jersey where it joins multidistrict litigation (MDL 2158) under the guidance of Judge Susan D. Wigenton. The Idaho man claims that due to the unexpected failure of his Durom Cup implant, he has endured persistent pain, undergone complicated surgeries and developed health problems from a severe case of metallosis.
Allegations of Zimmer hip metallosis not rare
The complaint contends that Zimmer’s Durom Cup suffers design defects, which ultimately causes the hip replacement to fail at unprecedented levels. Constructed of a single piece of chromium cobalt, the design of the shallow cup is prone to friction between the femoral and acetabular components, which shed metal particles into the surrounding tissues and bloodstream.
Zimmer hip metallosis is a common complaint in the hundreds of lawsuits involving the Durom Cup. The plaintiff argues that Zimmer knew their metal hip prosthetic was unsafe and dangerous for patients, but did nothing to remedy to the problem. Though the manufacturer temporarily halted sales of the device in 2008, the Zimmer Durom Cup was put back on the market in August 2008, under the preface that it was perfectly safe, and that any injuries sustained by patients were the fault of poor surgical technique.
According to the Zimmer hip revision surgery lawsuit, the Durom Cup was nothing short of a disaster for the then 46 year-old Lady, who had the artificial hip implanted in 2006. Rather than helping his hip problems and giving him the active life he once enjoyed, the Durom Cup did not adhere to his own bone, became unseated and failed prematurely- requiring hip revision surgery. Mr. Lady has continued to suffer post-surgical complications and states that he has been unable to continue his physically demanding career. The plaintiff alleges that as a direct result of the defective Durom Cup implant, he has incurred damages including costs for pharmaceutical and hospital expenses and economic losses attributed to his inability to work. His wife is seeking compensation for the loss of companionship and support of her husband.
Counts leveled at Zimmer Holdings
The lawsuit adopts multiple counts against the defendants, including:
- Strict liability – design defect
- Strict liability – manufacturing defect
- Failure to warn
- Breach of Express Warranty
- Breach of Warranty of Fitness
In their Zimmer hip revision surgery lawsuit, the Ladys seek all damages for which they are legally entitled as a result of Zimmer’s acts and omissions regarding the Durom Cup hip replacement. Their case joins Zimmer Durom Cup Products Liability Litigation, which was established in 2010 to more efficiently handle pretrial proceedings for similar claims. Zimmer has already negotiated settlements with some plaintiffs and is expected to spend an estimated $230 million more to settle additional cases by 2014.
- US JPML, Zimmer Durom Cup Products Libaility MDL Transfer Order, http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2158-Tag-Along_Transfer-01-13.pdf
- FDA recalls for metal-on-metal hip implants, http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm