Oregon Man Files Zimmer ZMR Hip Lawsuit
According to company literature, the ZMR Hip System is designed to provide exceptional intraoperative flexibility to meet the unpredictable demands of revision hip surgery. The modular system gives surgeons four configurations to choose from when selecting the best components for the patient. Despite these claims, premature Zimmer hip failure has been associated with the ZMR prosthesis, and is the topic of a new products liability complaint.
The case was filed on September 27 in the U.S. District Court for the District of Oregon (Eugene), and according to allegations, Zimmer should be held liable for designing, manufacturing and selling a dangerous and defective artificial hip, which caused the plaintiff to suffer permanent injuries to his femur, muscles, tendons and nerves within his left leg and hip.
The claimant’s Zimmer ZMR hip lawsuit is seeking $1 million in non-economic damages and an additional $200,000 for monetary losses.
Zimmer ZMR hip lawsuit facts and allegations
All porous components of the ZMR Hip System are plasma-sprayed with Tivanium (a proprietary Ti-6Al-4V Alloy), which purportedly allows for biological in-growth and aids in implant stability. The ZMR is suggested for patients with reduced proximal osseous support. Oregon resident, Robert E. King underwent left hip replacement surgery in 2006. In 2008, he returned to the operating table for a procedure to replace certain femoral components implanted in 2006 with ZMR Revision Taper Hip Prosthesis components, including a ZMR Revision Taper femoral stem.
On August 9, 2012, the ZMR Revision Taper femoral stem fractured inside Robert’s hip, allegedly causing severe damage to his left femur. King is now suing Zimmer, arguing that the manufacturer sold its Revision Taper Hip Prosthesis even though the implant “presented an unreasonable risk of stem fracture with resulting implant failure, and bone and tissue damage, when used with patients with reduced proximal osseous support.”
Following his ZMR hip failure, King was forced to endure painful revision surgery and have a new artificial prosthesis implanted in addition to reconstructive femoral surgery. The claimant states that his injuries, operations and related medical expenses have caused and will continue to cause him pain, suffering and disability. King further contends that due to his permanent disabilities he can no longer engage in usual activities of daily life.
Plaintiff sues for more than $1 million
Causes of action listed in the complaint include strict products liability and negligence. According to allegations made in court documents, in failing to make the Zimmer ZMR Hip System so that it did not present an unreasonable risk of fracturing and premature failure when used in patients who suffer reduced proximal osseous support, the defendant was acting in a negligent manner with little regard for patient safety.
His claims may be bolstered by the findings of research published in the Journal of Bone and Joint Surgery, which found that modular junction fractures and hip implant failure risks included: excessive body weight and inadequate proximal osseous support because of trochanteric osteotomy, reduced preoperative bone stock, osteolysis, loosening, and/or implant undersizing.
The personal injury-products liability lawsuit is proceeding in Oregon federal court, where the plaintiff demands a trial by jury.
- Zimmer – ZMR Hip System, http://www.zimmer.com/content/pdf/en-US/ZMR_Hip_System_Brochure_(97-9990-201-00_Rev._2)_(03_2010).pdf
- FDA - MAUDE Adverse Event Report: ZIMMER, INC.ZMR HIP SYSTEM IMPLANT ASSEMBLY GUIDEHIP INSTRUMENT, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfMAUDE/detail.cfm?mdrfoi__id=296632
- PubMed - Fracture of cementless femoral stems at the mid-stem junction in modular revision hip arthroplasty systems, http://www.ncbi.nlm.nih.gov/pubmed/21209269