Durom Cup Side Effects Subject of New Zimmer Hip Lawsuit
A Zimmer hip replacement lawsuit was recently transferred to U.S. District Court of New Jersey for coordinated pretrial proceedings under MDL No. 2158. The plaintiffs, Eric Rogne and his wife Sara, argue that the defendant failed to adequately warn about the serious nature of Zimmer Durom Cup side effects, and as a result of the allegedly defective implant, Eric suffered extreme pain and will likely need revision surgery to resolve his ongoing pain. The claimants are now demanding compensation from the defendant on the grounds that the Durom Cup was the direct and proximate cause of Eric’s injuries and related financial losses.
The products liability/personal injury complaint was originally filed in North Dakota federal court, but was removed to multidistrict litigation (MDL) in New Jersey, where it will join other similar cases regarding Durom Cup complications and early failure rates.
Details of Zimmer hip replacement lawsuit
According to court documents, the Durom Cup was surgically implanted in Eric’s left hip in 2008. In 2010, he received the metal-on-metal MMC Cup. Since that time, the lawsuit states that Rogne has been diagnosed with “failed total hip arthorplasties” in addition to elevated chromium and cobalt levels – an indicator of metallosis, or heavy metal blood poisoning. The plaintiff has been recommended for revision surgeries in both his left and right hips.
The Durom Cup and MMC Cup are designed to fuse with the patient’s hip bone over time and, as such, are not cemented or screwed into place. Rogne, like hundreds of others who experienced the same complications, argues that neither device functions in its intended manner. Instead of fusing to the bone, the artificial hips resist boney in-growth, leading to a host of debilitating side effects.
The Durom Cup is known to pop free or dislocate from the hip, causing patients to experience crippling pain, along with damage to their pelvic bone. And since it’s a metal-on-metal hip implant, recipients are more likely to suffer cobalt and chromium poisoning, which always necessitates revision surgery and ongoing medical treatment.
Durom Cup tied to early failure and risk of metal poisoning
Promoted to younger, active patients, the Durom Cup has been implanted in roughly 12,000 Americans since it was first cleared for sale in 2006. The device was briefly pulled off the market in 2008 due to high rates of premature failure, but was quickly re-launched just a few weeks later with updated surgical instructions and no admission of product defects.
Plaintiff Rogne accuses the defendant of numerous wrongdoings, including marketing the Durom Cup without adequate information, instructions, and warnings concerning implantation of the product. Specifically, he claims Zimmer failed to warn of the risks that the “Durom Cup can quickly begin to wear, generating high volumes of metallic debris, that is absorbed into a patient’s body.”
The failure rate of the MMC and Durom Cups are estimated at 20 to 30 percent, according to the suit, and patients often need revision surgery within one year of initial implantation – others within just months.
Zimmer is charged with failing to recognize and promptly address the deficiencies of the Durom and MMC Cup due to poor quality assurance procedures, including a failure to appropriate physical, manual, x-ray, microscopic, and other inspections of the implants.
Eric Rogne is seeking damages to cover his past, present, and future pain and suffering; severe and possibly permanent injuries; emotional distress; disability; disfigurement; economic damages (including related medical and hospital expenses); rehabilitative and pharmaceutical costs; and lost wages and loss of future earnings.
- FDA, Medical Device Recalls, http://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/metalonmetalhipimplants/ucm241770.htm
- American Academy for Orthopedic Surgeons, Questions and Answers about Metal-on-Metal Hip Implants, http://orthoinfo.aaos.org/topic.cfm?topic=A00625
- FDA, MAUDE Adverse Event Report: ZIMMER GMBHZIMMER MMC CUP 60MM/52MM CODE R, https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfmaude/detail.cfm?mdrfoi__id=2017103