Zimmer Metasul Hip Lawsuit Moved to U.S. District Court
A plaintiff who filed a Zimmer Metasul hip lawsuit in Arizona State Superior Court has had her case moved to U.S. District Court for the District of Arizona. The plaintiff in the complaint, Myfanwy Patricia Ioli, alleges she experienced serious injuries after she was implanted with the Zimmer Metasul Durom Cup system, which she continues to suffer from today.
She is now seeking damages from Zimmer, claiming the company failed to provide proper warning about the possible risks associated with their hip implant systems.
Move to federal court could precede transfer to MDL
The move to federal court was based on the amount of damages Ioli could be eligible for, which the court determined was in excess of $75,000. Damages at this threshold must be awarded in federal court, rather than state court. The move may also precede transfer to multidistrict litigation involving Zimmer hip cases. Multidistrict litigation was established in New Jersey District Court in 2010 to streamline early trial proceedings for a growing number of similar complaints against the orthopedic device manufacturer.
In her Metasul system injury lawsuit, Ioli states she underwent her first hip replacement surgery on February 23, 2009, on her left hip, as treatment for hip osteoarthritis. In June of that same year, Ioli underwent a second hip replacement procedure, this time for her right hip. During both surgeries, the plaintiff was implanted with Zimmer Metasul metal-on-metal systems.
Double hip implants led to double revision surgery
In 2012, Ioli began experiencing severe pain in both her hips. When her doctor ran lab tests, it was discovered that Ioli had higher than normal levels of chromium and cobalt in surrounding tissue and throughout her body. In February, 2013, Ioli underwent revision surgery on her right hip to remove the defective implant and replace it with a new device. In September, the plaintiff underwent a similar revision surgery for her left hip.
Although revision surgery removed the defective devices, Ioli asserts her new implants did not eliminate all of injuries. In her complaint, Ioli states she continues to experience “pain and suffering, loss of enjoyment of life, anxiety, inconvenience, disfigurement and disability.” She also states she will continue to suffer these issues in the future.
History of Zimmer Durom cup complications
The Zimmer Durom Cup was first introduced to the U.S. market in 2006 and promoted as a more durable implant that would offer greater range of motion to younger hip implant patients. Unfortunately, adverse events associated with the device began to surface, including reports of device loosening and dislocation of the joint. The metal components were also found to release small metal particles into surrounding tissue and the bloodstream, resulting in bone damage, tissue death and other complications.
In July 2008, Zimmer suspended sales of their product to investigate the growing number of adverse events. The company determined it was surgeon error, not a defect in the device, which was causing the high number of complications. The device was placed back on the market just a few months before Ioli was implanted with her first Durom Cup device.
Ioli, like many other patients who have suffered injury from the Durom Cup, is now seeking damages in her Metasul system injury lawsuit claiming the company should have done a better job alerting the medical community and general public to the risks of the device. Ioli is specifically demanding compensatory damages and declaratory relief in an amount to be determined at the time of trial.
- NCBI, Failure of the Durom Metasul Acetabular Component, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2806993/
- FDA, Concerns about Metal on Metal Hip Implants, http://www.fda.gov/Medicaldevices/productsandmedicalprocedures/implantsandprosthetics/metalonmetalhipimplants/ucm241604.htm
- American Academy for Orthopedic Surgeons, Questions and Answers about Metal-on-Metal Hip Implants, http://orthoinfo.aaos.org/topic.cfm?topic=A00625