Durom Cup Lawsuit Alleges Implant Caused Metallosis
Christina C. Reilly underwent a left total hip replacement surgery on January 5, 2007 and a right total hip replacement surgery on February 29, 2008. She received a Zimmer Durom Acetabular implant in both surgeries.
“After the implant of the Durom Cups, plaintiff experienced pain and discomfort and exhibited symptoms of a loose implant, foreign body reaction and metallosis requiring revision surgery to remove and replace the Durom Cups implanted in both of plaintiff’s hips,” states the claim.
She was forced to undergo a right hip revision surgery to remove and replace the Durom Cup due to the failure of the cup to properly bond on February 1, 2012. Shortly over one year, on June 5, 2013, later she underwent revision surgery to correct the same issue in her left hip.
“As a direct and proximate result of defects in the Durom Cup, the plaintiff has suffered and will continue to suffer damages, including, but not limited to, past, present, and future pain and suffering, disability, disfigurement, expenses for medical, hospital, monitoring, rehabilitative and pharmaceutical costs, and lost wages or earnings,” states the complaint.
Causes of action listed in Zimmer hip lawsuit
The plaintiff is suing the defendants on the following five counts:
- Count I: Strict Liability ─ Failure to Warn
- Count II: Strict Liability ─ Manufacture and Design Defect
- Count III: Negligence
- Count IV: Breach of Implied Warranty of Merchantability
- Count V: Breach of Express Warranty
Durom Cup MDL
Zimmer hip multidistrict litigation 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 2158 to allow plaintiffs to benefit from joint resources and to avoid disparate rulings. All plaintiffs retain their individual rights to settlements or trial verdicts.
Plaintiffs share many common allegations in their Zimmer Durom Cup lawsuit, including the belief that Zimmer should have issued a permanent recall for the implant. Zimmer only temporarily suspended sales of the implant on July 22, 2008, due to inadequate instructions for use/surgical technique.
Other common allegations include the belief that Zimmer was negligent in testing and marketing the product, the implant has manufacturing and design defects, the manufacturer failed to warn patients and the medical community of risks posed by the product, and more.
Plaintiffs have experienced a variety of difficulties with the implant, allegedly caused by its defective nature. Common issues 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 lawsuit in Canada
A major class action lawsuit has been filed against Zimmer in Canada. Established in 2011, the 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.
- U.S. District Court for the Eastern District of New Jersey, Reilly et al vs. Zimmer Inc., et al 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/implantsandprosthetics/metalonmetalhipimplants/ucm241770.htm
- 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