New York Couple Files Zimmer Hip Injury Lawsuit
A New York couple, Thomas and Julianna Carone, have filed a Zimmer hip injury lawsuit, due to allege complications sustained by the Durom Cup implant. Thomas Carone was implanted with a Durom Cup on January 14, 2008. Afterwards, he began to suffer from a variety of physical ailments, including hip pain, starting in 2011. Consequently, this also caused him to experience extreme emotional distress.
After undergoing a number of evaluations to determine the cause of his conditions, it was determined he would require surgery on December 12, 2012 for doctors to further get to the source. During the surgery, his doctors determined he would need to have the Durom Cup removed immediately.
Additionally, due to the advanced stages of neurosis caused by the implant, he was forced to undergo a staged revision with the initial removement of an orthopedic spacer, rather than simply having a single procedure to remove the defective implant and replace it with a new one.
The plaintiff underwent a final revision surgery on January 30, 2013, causing him to experience pain, discomfort, disability, soreness, and economic loss, as he is self-employed as chiropractor.
Zimmer hip injury lawsuit
The couple is suing Zimmer on 15 counts, including:
- Count I: Failure to Warn and Instruct
- Count II: Strict Liability Denies Defect
- Count III: Strict Liability ─ Manufacturing Defect and Failure to Adhere to Quality Controls
- Count IV: Negligence
- Count V: Negligence, Per Se
- Count VI: Breach of Implied Warranty
- Count VII: Breach of Express Warranty
- Count VIII: Negligent Misrepresentation
- Count IX: Intentional Misrepresentation
- Count X: Constructive Fraud
- Count XI: Negligent Infliction of Emotional Distress
- Count XII: Loss of Consortium
- Count XIII: Unjust Enrichment
- Count XIV: Violation of New York General Business Law 349 and 350
- Count XV: Punitive Damages
Zimmer suspends Durom Cup sales
On July 22, 2008, Zimmer stopped sales of the Durom Cup implant. In a letter distributed to surgeons, the manufacturer explained the decision was based on a thorough investigation of the product, concluding that more detailed instructions and a surgical training program needed to be put in place.
“Our investigation included clinical and radiographic data review from users of the Durom Acetabular system, including those who have been pleased with their results, as well as users who are experiencing a higher than desired rate of revision,” states the letter. “A total of twelve clinical sites that were among those with the highest patient volume for Durom Cup implants in both the U.S. and Europe were visited so that the largest number of patient cases could be reviewed in the shortest amount of time. More than 3,100 cases were examined overall.”
Zimmer hip MDL 2158
Zimmer hip multidistrict has been pending in the U.S. District Court for the District of New Jersey since June 9, 2010. U.S. District Judge Susan D. Wigenton is overseeing the litigation. It is believed the manufacturer has dedicated $270 million to settle claims by the end of this year.
Many plaintiffs accuse Zimmer of being negligent in the testing and design of the Durom Cup, citing a variety of manufacturing and design defects. There is a collective belief that the defendant should have issued a permanent recall of the product. Many feel that Zimmer had an obligation to warn patients and the medical community of the potential side effects of the implant, but failed to do so.
A wide-variety of complications have been reported by plaintiffs, including metallosis, premature failure, loosening of the implant, tissue damage and being forced to have revision surgery to correct shortcomings of the device.
- U.S. District Court for the Northern District of New York, Thomas Carone and Julianna Carone v. Zimmer Inc. et al http://www.nynd.uscourts.gov/
- Zimmer, Surgeon Letter http://www.zimmer.com/content/pdf/en-US/DUROM-SURGEON-LETTER-07-22-08.pdf
- 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