By Laura Pennington  |  January 9, 2019

Category: Legal News

Hip Replacement Patient Files Zimmer Durom Cup Lawsuit Alleging Device FailureA new Zimmer Durom Cup lawsuit alleges that the device is defective and failure prone but that patients and doctors were not told about these issues even though the manufacturer knew the device was likely to cause problems.

Plaintiff David R. is the latest patient to add his Zimmer Durom cup lawsuit to the growing MDL against Zimmer and their subsidiary companies. The Zimmer Durom cup lawsuit alleges that the parts of the hip implant manufactured by Zimmer are defective and unreasonably dangerous for consumers.

David alleges that he was not made aware of the dangers and possible side effects of this hip implant system. He says he received his left total hip arthroplasty in December 2008. He began to experience pain and discomfort in his left hip shortly after that procedure, he claims.

In November 2018, the plaintiff had to undergo revision surgery to replace the failed implant, according to his Zimmer Durom cup lawsuit. He says that the reasons he had to obtain revision surgery had to do with destruction of soft tissue, pseudo-tumor problems and metallosis.

The components named in the Zimmer Durom cup lawsuit include the Zimmer Metasul Durom Hip System. This system includes a femoral head and an acetabular cup in addition to other smaller instruments and components.

The Zimmer Durom Hip System was originally approved through the 510(k) clearance process at the Food and Drug Administration in 2003. No clinical testing is required for approval under this process and it is often referred to as a fast track system for approval.

As David claims in the Zimmer Durom cup lawsuit, there were serious side effects that the manufacturer knew about in producing and presenting this hip system through the FDA’s 510(k) process but that the public and medical community were not made aware of these dangers after the medical device became available for sale.

The Zimmer Durom cup lawsuit says that the manufacturers knew that the product has always been deeply flawed and defective but continued to market it as effective for patients and as a safe solution for total hip arthroplasty. David argues the risks and problems associated with the Zimmer hip replacement were beyond what a reasonable consumer would expect and that this has caused significant harm to the plaintiff that would affect him for years to come.

David’s claim joins many others like it now pending in a federal court in New Jersey. Claims related to the Zimmer Durom Cup have been consolidated into a single multidistrict litigation, so that they can all be handled together by a single court.

These claims are brought by numerous patients who expected their health and mobility to improve post-surgery, but who say they experienced failure of the hip implant device to the point that they had to go through revision surgery. Some of these patients claim that the manufacturer knew about the problems but failed to publicize it, putting patients at risk unnecessarily.

The Zimmer Durom Cup lawsuit is case 3:18-cv-16851 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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