NY Plaintiff Files Zimmer Trilogy Hip Lawsuit
A New York woman who underwent a hip replacement in 2003 filed a lawsuit in Chautaqua County, NY Supreme Court against Zimmer U.S., Inc., claiming that one of the Zimmer replacement components used had been the subject of an FDA Class 2 recall only three weeks before her implant surgery.
In her surgery, the plaintiff received the Zimmer Trilogy Acetabular System, including the Versys Hip Femoral Stem – both subject of the recall. The plaintiff alleged that the device was defective and that the defendant failed to notify her and her medical provider that it had just been recalled.
Zimmer Trilogy hip lawsuit details
The plaintiff asserted that she only learned of the Zimmer hip recall eight years after her initial surgery when she underwent emergency treatment for severe hip pain and was informed that her hip implant had loosened. She had also contracted a staphylococcus aureus infection, one of the five most common causes of complications after surgery. The bacterium enters the body at the site of the surgery and can cause very serious complications including pneumonia, meningitis, endocarditis, osteomyelitis and life-threatening blood infections.
According to the Zimmer Trilogy hip lawsuit, the plaintiff has suffered serious infection, revision surgery, and many months of painful rehab. She is demanding compensation for past, present, and future pain and suffering, loss of enjoyment of life, partial and/or permanent disability, and past, present, and future medical, pharmaceutical, and other related health care expenses.
Zimmer has been named defendant in a growing number of lawsuits brought by patients who were implanted with the Durom Cup and the Trilogy Acetabular System.
Voluntary Zimmer hip recall and “reassessment”
In April 2008, Dr. Larry Dorr, a renowned orthopedic surgeon and consultant to Zimmer, published a letter to his surgical colleagues, warning of serious hip problems he had been observing in his patients after surgery using the Durom Cup, a metal on metal hip replacement device.
Zimmer recalled the Durom Cup in July 2008 for a “reassessment” of the product. Zimmer placed blame on doctors who had reported failures stating that they had not performed the surgeries correctly. The product was re-released a month later with more detailed surgical instructions. However, Zimmer continued to be the subject of a growing number of complaints to the FDA for complications and implant failures.
Two recurring issues with the metal on metal hip replacement devices are the possibility that metal flakes from the implant could enter the patient’s bloodstream, causing metallosis, (metal poisoning), and that the device may fail to bond with the bone. If the bond doesn’t take, the patient would likely experience hip implant failure as the female plaintiff did.
Because of the high failure rate, many patients have chosen to file a Zimmer hip replacement lawsuit. On June 9, 2010, the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated federal Zimmer Durom Cup hip lawsuits into multidistrict litigation (MDL) which is set up to streamline pre-trial procedures and save judicial time and resources. Zimmer has already indicated that total estimated settlement costs may rise to over $600 million.
- FDA, Medical Device Recalls http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=93363
- Zimmer, Urgent Device Correction Notice http://www.zimmer.com/content/pdf/en-US/DUROM-SURGEON-LETTER-07-22-08.pdf
- Health Sciences Authority (Singapore Government) Dear Health Care Professionals Versys Femoral Stem http://www.hsa.gov.sg/publish/hsaportal/en/health_products_regulation/safety_information/DHCPL.html