A man has filed a claim against the makers of the Zimmer MMC hip alleging the device caused him personal injury.

Plaintiff Dean C. stated that the Zimmer DUROM/MMC Cup, also referred to as the Zimmer MMC, carried serious risks of injury, yet the manufacturer continued to market the device as safe, leading to his injury and the injury of others.

This component of the hip implant is designed to be used with Zimmer’s Metasul Metal-on-Metal Tribological Solution LDH (Large Diameter Heads) for total hip replacement.

According to the lawsuit, “The design and material of the DUROM/MMC Cup are key elements to its intended stability, wear resistance and bone sparing characteristics. The DUROM/MMC Cup has appeared titanium plasma-Sprint coding for fixation.”

The outside of the Zimmer MMC Cup is designed so that the patient’s own bone will grow into the exterior porous shell to hold the implant in place.

“Rather than functioning in the intended manner, the DUROM/MMC Cup implant resists bone growth and as a result, instead of adhering to the bone, it comes loose and/or pops free from the hip, which can cause damage to the pelvic bone,” the Zimmer MMC lawsuit states.

“This unintended result causes extreme and devastating pain and necessitates revision surgery to remove the failed DUROM/MMC Cup and replace it with the product that functions properly.”

The Zimmer MMC lawsuit states that the product was FDA approved using a simplified 510(k) application that compared the device to previous devices already on the market in order to receive quick FDA approval. However, no clinical studies were ever conducted regarding the Zimmer MMC Cup, the lawsuit states.

The Zimmer MMC hip implant device was no longer made after 2008 due to a “temporary suspension” by Zimmer, but many patients had already been implanted with the device.

Dean states that the failure rate of the device is greater than 24%, and is much higher than other products manufactured by Zimmer, and is higher than competitor products. It is also four times higher than Zimmer’s estimated failure rate of 5.7%, the lawsuit states.

Zimmer’s “temporary suspension” was never reversed in the device was not produced after 2008, yet it was “unavailable for purchase in the United States.” The device has never been recalled though Zimmer did stop producing the product for sale on the market, the lawsuit states.

After Dean had his Zimmer MMC hip implanted, he began to have “increasingly debilitating pain, discomfort and soreness.” After he continued to complain of pain, he was finally determined to be a candidate for revision surgery in 2014.

As an alleged result of having the Zimmer MMC hip implanted, Dean “has suffered and continues to suffer both injuries and damages, including but not limited to: past, present and future physical and mental pain and suffering; and past, present and future medical, hospital, monitoring, rehabilitative and pharmaceutical expenses and lost wages,” the Zimmer lawsuit states.

Dean has brought forth a number of allegations against Zimmer including strict liability for failure to warn and instruct, strict liability for manufacturing defect and failure to adhere to quality controls, strict liability for design defect, negligence, negligence per se, breach of express warranty, negligent misrepresentation, intentional misrepresentation, constructive fraud, negligent infliction of emotional distress and unjust enrichment.

The plaintiff is seeking judgment for economic and noneconomic damages, compensation related to medical expenses, loss of earnings, disfigurement, pain and suffering, mental anguish and emotional distress, punitive and/or exemplary damages, attorneys’ fees and costs, pre-and post-judgment interest and any additional relief as deemed just and proper by the Court.

The Zimmer MMC Hip Implant Lawsuit is Case No. 2:17-cv-03522-SDW-SCM, in the U.S. District Court for the District of New Jersey.