Zimmer Hip Lawsuit - Durom Cup Prone to Early Failure, Says Plaintiff

Zimmer Hip Lawsuit Alleges Failure to Bond Led to Complications

Whitney Taylor | January 6th, 2014

Zimmer Hip Lawsuit - Durom Cup Prone to Early Failure, Says PlaintiffA plaintiff recently filed a Zimmer hip lawsuit in Pennsylvania, alleging the Durom Cup device he was given was defective and experienced early failure. The plaintiff is now seeking damages from Zimmer to compensate him for mounting medical bills, lost wages and pain and suffering.

Lawsuit may be headed to MDL

The lawsuit was filed in U.S. District Court for the Western District of Pennsylvania on December 11, 2013. The case was closed in that court on December 23. It is uncertain at this time whether the closure was due to a pending transfer to multidistrict litigation in New Jersey involving Zimmer hip complications. The federal MDL was established in New Jersey District Court to streamline early trial proceedings for a growing amount of litigation against the medical device manufacturer.

According to this complaint, the plaintiff, Christopher Vogagis, underwent total hip replacement on his right hip in January, 2007. He was implanted with the Durom Acetabular Component manufactured by Zimmer. The physician performed the surgery according to the accepted standard of care for orthopedic surgeons.

Not long after the initial procedure, Vogagis experienced severe pain and reduced mobility in his right hip. The Zimmer hip complications were attributed to a failure of the implant to bond to the bone, which led to a loosening of the device. On April 16, 2012, Vogagis was forced to undergo revision surgery to remove the faulty implant and replace it with a new device.

Joint loosening a complication for some implants

Loosening of the implant is a complication with some hip implant devices. According to the American Academy of Orthopedic Surgeons, loosening occurs when bone does not grow into the device as planned. The result can be pain, instability or deformity. Bone damage could also occur, due to friction from the device.

This can make revision surgery much riskier than the original procedure, since there might not be as much healthy bone to work with. These procedures are linked with a higher rate of loosening or malpositioning of the component. According to this Zimmer hip lawsuit, Vogagis has suffered permanent injury as a result of his first hip implant surgery, which will cause future pain, mental suffering and disability.

History of Zimmer Durom cup problems

The Zimmer Durom cup was first introduced to the U.S. market in 2006. However, it wasn’t long before patients began reporting serious Zimmer hip complications associated with the device. In addition to implant loosening, metal-on-metal implants were found to release metal particles into surrounding tissue and the bloodstream – a condition known as metallosis.

In September, 2008, the FDA announced a voluntary class 2 recall of the Zimmer Durom cup by the manufacturer. However, the device was returned to the market after a short period of time, with updated instructions for surgeons using the device. The Durom cup continues to be used by physicians to this day, and Zimmer continues to stand by their product.

Vogagis and his wife do not agree the Zimmer product is safe. The couple has listed a number of counts in their lawsuit, including defective design, failure to warn and negligence. They are seeking compensatory damages from Zimmer in an amount to exceed $75,000.


  1. FDA, Class 2 Recall Durom Cup, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=72743

  2. American Academy of Orthopedic Surgeons, Revision Surgery: When do I Need It? http://orthoinfo.aaos.org/topic.cfm?topic=A00510