Zimmer Durom Hip Lawsuit Moved to MDL
A Zimmer Duron hip lawsuit filed by a couple in the Eastern District of California has been transferred to the Zimmer hip multidistrict litigation, currently pending in the U.S. District Court for the District of New Jersey.
The plaintiffs allege that Verdia Dora “sustained serious and permanent injuries to her health, strength, and activity, severe shock to her nervous system, and permanent injuries to her leg, as well as requiring further repair surgeries, and painful treatments, including permanent scarring.”
Verdia Dora received a Zimmer Durom Acetabular Cup hip implant on September 12, 2006. She used the product for its intended purpose, but the product failed and required surgical removal on December 5, 2011.
Zimmer Durom hip lawsuit allegations
The Zimmer hip lawyer representing the plaintiffs filed a claim listing the causes of action as:
- Count I ─ Strict Products Liability
- Count II ─ Negligence
- Count III ─ Breach of Warranty
- Count IV ─ Loss of Consortium
The claim states that defendants, “had specific knowledge of these defects and risks and/or reasonably could and should have known of these defects and risks by application of scientific knowledge available at the time this product was designed and manufactured, specifically, the defendant’s knew or should have known the subject hip had a 20%-30% failure rate, yet continued selling and making said product.”
The couple goes on to say the defendants, “failed to protect the plaintiff and others similarly situation.”
Zimmer hip MDL
MDL 2158 was established on June 9, 2010 in the U.S. District Court for the District of New Jersey, under Judge Susan D. Wigenton. Federal lawsuits were consolidated under the MDL to enable plaintiffs to share information and resources, and avoid disparate rulings. However, all plaintiffs retain their individual rights to settlements or trial verdicts.
Plaintiffs share many common allegations in their lawsuit, including the belief the Zimmer should have issued a permanent recall for the Durom Cup. A suspension of sales was enacted by Zimmer on July 22, 2008, due to inadequate instructions for use/surgical technique.
Some of the other common accusations include convictions that Zimmer was negligent in testing and marketing the product, that the Durom Cup has manufacturing and design defects, that the company failed to warn patients and the medical community of risks posed by the product, and more.
Plaintiffs who have filed a Zimmer Durom hip lawsuit have alleged a variety of complications, purportedly caused by the defective nature of the implant. Issues reported by plaintiffs include premature implant loosening, metallosis, tissue damage, premature failure, and the need for early revision surgery.
Zimmer has reportedly allocated $270 million to settle the remaining Durom Cup lawsuits by the end of 2014.
Class action filed in Canada
A major class action lawsuit is pending against Zimmer in Canada. Formed in 2011, this Zimmer Durom hip lawsuit could include the more than 5,000 Canadians who received the implant. As of 2013, approximately 60 plaintiffs had joined the lawsuit, but more are expected as reports of metallosis increase. Canada’s Court of Appeal dismissed a January 2013 appeal by Zimmer.
- U.S. District Court for the Eastern District of California, Verdia Dora and Charlie Dora vs. Zimmer Inc. http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2158-Tag-Along_Transfer-01-13.pdf
- U.S Food and Drug Administration, Recalls http://www.fda.gov/medicaldevices/productsandmedicalprocedures
- CNW, Appeal Court upholds Zimmer Durom Cup hip implant class action http://www.newswire.ca/en/story/1102917/appeal-court-upholds-zimmer-durom-cup-hip-implant-class-action