By Tamara Burns  |  July 27, 2017

Category: Legal News

hip implant complications DePuy Zimmer Stryker xrayA woman has filed a Zimmer Durom cup lawsuit against the makers of the metal hip implant system after she suffered severe personal injuries as the result of its use.

Plaintiff Virginia L. brought forth her Zimmer Durom cup lawsuit against Zimmer, Inc. and related companies Zimmer Holdings, Inc., Zimmer Cook Associates, Inc. and Zimmer Intermed, Inc., and these companies were responsible for the hip replacement device’s manufacturer, selling, distribution and promotion as a “safe and effective replacement device.”

Virginia’s Zimmer Durom cup lawsuit states that the Durom cup is made from a single piece of material comprised of cobalt and chromium and is designed to be permanently affixed to the bone. The equatorial components around the circumference of the rim of the cup are designed to fold the implant into its proper place until the new bone forms around it.

Virginia was implanted with the Zimmer Durom cup when she underwent a total hip replacement on June 15, 2015. According to the Zimmer Durom cup lawsuit, Virginia’s wounds healed without any complications, and her x-rays showed that the device was in the proper place.

“Despite ideal conditions for hip replacements, following the surgery, PLAINTIFF Virginia [L.] Consistently experienced pain and extreme weakness in her hips and other areas. Ultimately, on June 29, 2015, her Durom Cup implant was surgically removed,” Virginia’s Zimmer Durom cup lawsuit reads.

The Zimmer Durom cup lawsuit goes on to state that a prominent surgeon in California made contact with Zimmer in 2007 to inform the company “that an abnormal amount of his patients whom he implanted with the Durom Cup were experiencing pain and were requiring surgery to replace the Durom Cup.”

The doctor stated that he saw that the Durom Cup was failing based on x-ray images indicating “it was separating or loosening from the bone, causing the metal cup to move around in the hip socket and rub against the bone rather than fusing to the bone, causing patients crippling pain.”

The lawsuit states “Zimmer ignored Dr. Dorr’s warnings and continue to sell the Durom Cup.”

Dr. Dorr went on to publicly warn other orthopedic doctors about the failures he had witnessed with the Durom Cup in April 2008, and it wasn’t until July that Zimmer suspended the sales for the device, “citing doctor complaints that it was failing at a high rate.”  However, Zimmer failed to recall the device, the lawsuit states.

As a result, Virginia has brought forth a number of allegations against the defendants including negligence, breaches of express and implied warranties as well as strict products liability for manufacture, design and failure to warn.

Virginia is seeking judgment against the defendants for past and future general damages, past and future medical and incidental expenses, past and future loss of earnings and/or earning capacity, future medical monitoring costs, punitive and exemplary damages, pre-and post-judgment interest, past and future mental and emotional distress, past and future costs of suit, disgorgement of profits and any other further relief deemed just and proper by the court.

The Zimmer Durom Cup Lawsuit is Case No. 2:17-cv-04829, in the U.S. District Court for the District of New Jersey.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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