Zimmer Hip Lawsuit Filed After Complex, Painful Revision Surgery
Zimmer Holdings Inc. was responsible for manufacturing 70 percent of all hip implants worldwide in 2008. Despite over $4 billion in sales that year, the company issued a temporary suspension on their Durom Cup hip implants so they could re-label the product with better instructions for surgeons. When independent studies revealed failure rates as high as 24 percent and the company agreed to pay millions of dollars in claims, the Zimmer hip lawsuits continued to pour in.
It’s been estimated that the number of patients requiring metal-on-metal hip implants replaced by 2021 will reach the tens of thousands. Shaunna Rae Kelly of Clark County, Nevada filed her Zimmer hip lawsuit on June 19, 2013, which was later transferred to the District of New Jersey, where similar cases have been consolidated as multidistrict litigation (MDL 2158).
Zimmer hip lawsuit facts & allegations
Plaintiff Shaunna Rae Kelly developed right degenerative joint disease requiring total hip replacement. On April 13, 2011, the surgeon found that the fixation of the Zimmer Durom Cup implant had failed. She then had to undergo a two-stage resection and revision surgery to repair her right hip.
The treatment of an infected hip is a complex procedure that “remains expensive, leads to a long difficult course for the patient, and frequently results in a suboptimal functional outcome,” according to Canadian researchers at the Division of Reconstructive Orthopaedics from the University of British Columbia.
The Zimmer hip lawsuit alleges that the plaintiff “has suffered and will continue to suffer severe pain, suffering and disability,” and that the injuries are likely permanent in nature. The plaintiff is incapacitated from performing her regular work and has spent large sums of money on medical expenses.
Zimmer Holdings Inc. sued for multiple counts
The plaintiff is suing Zimmer Holdings Inc. on multiple counts, including: supplying a defective prosthetic device; failure to develop, design and manufacture a safe implant; failure to warn of the dangers associated with metal-on-metal systems; allowing the medical device to remain on the market even after unsafe conditions were reported; failure to properly inspect the device; and breach of express and implied warranties. Shaunna Rae Kelly is demanding compensation for attorney’s fees, past and future medical expenses, loss of earning potential, and any other award the jury sees fit.
Zimmer hip lawyer & plaintiff demand damages
According to the lawsuit, similar cases have yielded generous verdicts and settlements, well in excess of $75,000. White vs. Hotchner (Oct 2004) resulted in a $557,982 arbitration award and $250,000 settlement. In Nevins vs. Dhiman, the jury awarded an $872,000 settlement from hip replacement surgery. Rupp vs. Sulzer Orthopedics (2001) resulted in a $15.5 million judgment against the manufacturer where three plaintiffs each received over $1 million in damages for medical expenses, impairment, pain and suffering. An $8.3 million award was handed down in the Kransky vs. DePuy Orthopaedics Inc. case of March 2013. Therefore, it seems reasonable that the plaintiff would request such a large sum of money in this Zimmer hip lawsuit.
- Division of Reconstructive Orthopaedics, University of British Columbia, Vancouver, Canada - The treatment of the infected hip replacement: the complex case http://www.ncbi.nlm.nih.gov/pubmed/10611869
- Zimmer – Shareholder Information http://files.shareholder.com/downloads/ZMH/1201601320x0x452623/52E0AB39-6649-48D0-9FBD-DEDCD2951B11/Zimmer_2010AR.pdf