Zimmer Durom Cup Lawsuit Cites Significant Injuries
One of Zimmer’s flagship hip prosthetics, the Durom Cup is part of a metal–on–metal hip replacement system that has been implanted in more than 12,000 patients since its U.S. launch in 2006. However, scores of patients who received the Durom Cup have complained of severe pain, inflammation and loosening of the device. Such complications have spurred a wave of product liability claims, in which plaintiffs allege the Durom Cup suffers design and manufacturing defects.
Such was the case for Theodora Bush, who received her Durom Cup implant in 2006. Though most hip replacements are intended to last up to 15 years, her device failed prematurely, forcing the plaintiff to endure revision surgery. Now, Theodora Bush is suing Zimmer Holdings for an amount to exceed $75,000.
She filed her Zimmer Durom Cup lawsuit in the U.S. District Court for the Southern District of Florida (West Palm Beach) on November 15.
Plaintiff alleges great pain and agony from failed hip replacement
According to allegations raised in her product liability/personal injury case, Theodora Bush has suffered terrible agony and pain from the defective nature of the Durom Cup. Her lawsuit argues that she is no longer able to engage in or perform the physical activities she enjoys, nor is she able to do simple household chores.
Her Durom hip complications are not unlike those cited by dozens of other recipients, who say that the cementless design of the device does not promote bone in-growth, which ultimately causes the femoral head to pop-free of the cup, causing excruciating pain and early failure.
Zimmer promoted its Durom Cup to younger, more active men and women, and claimed that its unique design would offer greater range of motion and less wear and tear compared to traditional metal hip prosthetics. Despite reported failure rates of between 20 and 30 percent, Zimmer continued to market the device as safe and effective until July, 2008, when the company pulled the Durom Cup off the market for a period of months. Though not labeled a “Durom Cup recall,” the move brought awareness of potential Durom hip failure, and many surgeons say they no longer implant the device due to unreasonably high failure rates. The device was re-released a few months later with revised surgical instructions, though Zimmer never admitted any wrongdoing or problems with the cup’s design.
The plaintiff’s lawsuit mentions actions taken by prominent surgeon Dr. Larry Dorr – a former paid consultant to Zimmer. In 2008, Dorr issued a letter to the American Association of Hip and Knee Surgeons (AAHKS) highlighting the high rate of revision surgeries needed for Durom Acetebular Cup recipients, with most failures occurring within the first two years after implantation.
Complaint may be transferred to Zimmer MDL 2158
Ms. Bush’s lawsuit is subject to transfer to the Zimmer Durom Cup multidistrict litigation, MDL 2158, currently proceeding in New Jersey Federal Court. By coordinating all similar claims before a single judge, plaintiffs and defendants can share in pretrial discovery processes, without placing undue burdens on the judicial system.
The plaintiff is now 70 years old, and contends that due to the invasive nature of the revision surgery and failed Durom Cup, her family has suffered financially. Mrs. Bush says she continues to have chronic pain in her hip, groin and leg areas and often has difficulty standing up. Like others who have taken legal action against Zimmer, the claimant argues that she expected a better quality of life when she opted for hip replacement surgery, but instead was left with emotional, physical and economic damages.
- FDA, Medical Device Recalls, http://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/metalonmetalhipimplants/ucm241770.htm
- Zimmer, Urgent Device Correction, http://www.zimmer.com/web/enUS/pdf/DUROM_SURGEON_LETTER_07-22-08_FINAL1.pdf