Defective Durom Cup Implant Subject of Zimmer Hip Lawsuit
Plaintiff James Sharrock is suing Zimmer Holdings, Inc. based on allegations that the Durom Cup is defective, causing him to sustain injuries and great pain that will continue to restrict his ability to engage in normal physical activities.
According Sharrock’s Zimmer Durom Cup hip lawsuit, the implant resists bone growth and consequently pops free from the hip socket causing pain and irreparable damage to the pelvic bone, oftentimes necessitating premature hip revision surgery. His complaint is slated to be transferred to New Jersey federal court, to be included in the Zimmer products liability MDL No. 2158.
Facts and allegations raised in the Zimmer hip lawsuit
The defendant’s Durom Cup hip implant is porous, and is sprayed with a titanium plasma-sprayed coating that is supposed to facilitate the cup’s acceptance by the human body. In this way, the patient’s own bone will grow into the shell of the cup to hold it in place. However, James Sharrock’s experiences with the metal-on-metal device mirror those of hundreds of others who received the Durom Cup; the system failed early, came loose inside his body and forced him to endure a lengthy revision surgery. Sharrock had an operation to replace the faulty Durom Cup on February 20, 2012 and is still recovering from the surgery. Due to the recovery process involved, he missed several months of work and the income he would have been entitled to during that time.
The plaintiff and his physician claim that they relied on Zimmer’s marketing efforts that promoted the Durom Cup as a novel system that offers better stability and range of motion when compared to others on the market. The plaintiff encountered Zimmer hip problems with the Durom Cup because the defendant failed to properly conduct sufficient pre-market testing, according to the complaint.
Sharrock’s Zimmer Durom Cup hip lawsuit contends that as a result of the defendants’ negligence, he has suffered damages, including but not limited to physical injury, pain and suffering, and the need for future medical treatment and will continue to suffer such damages in the foreseeable future. The claimant is demanding actual damages; restitution; pre- and post-judgment interest; punitive damages; legal fees and costs; and any other monetary relief that the court deems just.
Zimmer Durom hip problems prompt suspension of sales
Faced with overwhelming reports of complications with its Durom Cup implant, Zimmer announced it was temporarily halting Durom Cup distribution in July 2008. Though not a recall, the suspension of sales was deemed necessary “while the company updated labeling to provide more detailed surgical technique instructions to surgeons and implements its surgical training program in the U.S.” Zimmer stated that it found no evidence of design defects and re-released the hip replacement system several weeks later. Across the nation, hundreds of recipients of Zimmer Durom Cups reported high failure rates, and began seeking legal recourse for the medical expenses, lost income, pain, suffering and other economic losses.
Zimmer Durom Cup hip lawsuit transferred to MDL 2158
Like others, Sharrock argues that the Durom Cup suffers an unreasonably and deceptively high rate of failure and the defendant is liable for failing to alert consumers and their prescribing physicians that the implant posed a high risk of failure once implanted. Causes of action in his complaint include strict liability, negligence, Violation of Missouri’s Merchandising Practices Act and punitive damages. The lawsuit will be consolidated with others for more efficient pre-trial proceedings in MDL No. 2158, which involves complaints related to the Durom Acetabular Cup.
- FDA recalls for metal-on-metal hip implants, http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm