Zimmer Durom Cup Problems Lead to Hip Injury Lawsuit
More allegations of significant injuries associated with the Zimmer Durom Cup have prompted another Zimmer hip injury lawsuit against the device maker. The Durom cup component is used in hip reconstruction surgeries.
The lawsuit was filed in the U.S. District Court, District of New Jersey (Newark) on July 29, 2013 and alleges that that the defendants—Zimmer Holding Inc. and Zimmer Inc.—negligently manufactured, designed, advertised, and distributed the Durom acetabular component, which was implanted in the plaintiff. The lawsuit is part of the Zimmer Durom Hip Cup Products Liability Litigation MDL No, 2158.
An MDL—multi-district litigation—is put in place to centralize a number of cases brought against the same defendants when similar allegations are tied to one product, such as the Zimmer Durom Cup. MDLs are intended to minimize duplicative discovery, conflicting pre-trial rulings, and strains on the parties involved and the court system. Pretrial proceedings also typically involve choosing so-called “bellwether” cases, which are a small number of cases chosen for early trial dates. Bellwether cases better enable all of the parties to understand the potential direction of the litigation; to clarify the lawsuits’ strengths and weaknesses; and, in some cases, may pave the way for settlements.
Lawsuit allegations include a number of Zimmer hip complications
In this Zimmer hip injury lawsuit, the plaintiff alleges she was implanted with the Zimmer Durom component on December 16, 2008. Following surgery, she began suffering from Zimmer hip complications; in 2010, her physician recommended she undergo revision surgery to remove the device and also recommended she undergo metal ion blood testing. The blood testing confirmed that she was suffering from elevated blood metal levels.
The lawsuit also alleges that the plaintiff suffered significant injuries that include pain and agony that restricted her ability to enjoy physical activities, complete household chores, and work. The plaintiff and her family have had to amend their lives to accommodate the plaintiff’s ongoing injuries, which also include elevated blood cobalt and chromium levels. The plaintiff alleges that the acetabular cup has shifted and is now seated vertically on her hip.
The lawsuit also alleges that she suffered financial losses over the defective Durom Cup and seeks compensatory, punitive, and/or exemplary damages; interest; fees; and costs.
This Zimmer hip injury lawsuit alleges that, throughout 2008, Zimmer was collecting information that the Durom Cup was failing at alarming rates, yet never disclosed this information to physicians and patients. The Durom device was cleared for use in 2008 under the U.S. Food and Drug Administration (FDA) 510(k). Since then, the device has been associated with a 24 percent failure rate that is tied to an array of Zimmer hip complications.
According to the FDA, on July 22, 2008, Zimmer issued a voluntary recall of its Durom Acetabular Component, known as the Durom Cup, because the instructions for its use and surgical technique were inadequate. The Durom Cup was later returned to the market with updated surgical instructions.
Metal damage among Zimmer hip injuries
Tissue damage resulting from metal-on-metal hip implant devices appears before patients become symptomatic, according to research conducted at the Hospital for Special Surgery and published in a recent issue of the Journal of Bone & Joint Surgery.
“The study shows that synovitis exists in asymptomatic people in a fairly high prevalence,” said Hollis Potter, M.D., chief of the Division of Magnetic Resonance Imaging at Hospital for Special Surgery, in New York City. “If that is the case, symptoms alone are insufficient to determine the health of an implant. You can’t wait for people to be sore before we evaluate them for this potential problem,” Dr. Potter added, according to Science Daily.
The researchers suggested that MRIs might help identify which metal-on-metal implant patients require before undergoing complex revision surgery.
- Science Daily, Tissue Damage from Metal-On-Metal Hip Implants Appears Before Pain Symptoms Appear, http://www.sciencedaily.com/releases/2013/05/130515151436.htm
- FDA, Medical Devices Recall, http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/MetalonMetalHipImplants/ucm241770.htm