A Pennsylvania federal judge has denied medical device manufacturer Zimmer’s most recent attempt to avoid a suit brought by a woman claiming that her Zimmer hip replacement caused her harm. Zimmer has challenged the suit on two fronts: the statute of limitations, and the expert testimony provided.

Zimmer Hip Replacement Lawsuit

Plaintiff Marilyn A. claims that she was injured by her Zimmer hip replacement due to defects with the device. She also argues that Zimmer didn’t provide proper warnings regarding the risks of their hip prosthetic. She is not the first person to suffer complications from metal-on-metal hips.

Marylin first sued Zimmer in 2017 after a long history of hip pain and surgery. She says she received her hip replacement in 2011 after a hip dislocation.

Marylin states that, after years of severe pain, she underwent surgery in 2015 to replace the hip-socket-adjacent components of her prosthetic. During that surgery, Adam’s doctor found significant muscle deterioration and metal debris through much of the area. As a result, all of the main components of the hip replacement prosthetic needed to be replaced, according to the suit.

Zimmer has argued that Marylin missed the two-year window for filing her suit. After an initial summary judgment in Zimmer’s favor, the Third Circuit reversed the decision. Now, the statute of limitations issue has been split off into a separate trial.

Most recently, U.S. District Judge Edward G. Smith denied Zimmer’s claims that Marylin had failed to provide support for her allegations in the form of proper expert testimony.

This Zimmer Hip Replacement Lawsuit is Case No. 5:17-cv-00621, in the U.S. District Court for the Eastern District of Pennsylvania.

Zimmer Hip Replacement Side Effects

According to the Food and Drug Administration (FDA), the risks of hip replacement come from two sources: the surgery, and the medical device itself. Hip surgery can lead to heart attack, wound infections, blood clots, excessive bleeding, or negative reaction to anesthesia. After surgery, a person is at risk of bone fracture, joint infection, bone loss, a difference in leg lengths, local nerve damage, hip dislocation, device loosening, and local system reactions to the particles generated by the device (metallosis).

However, there are also symptoms that could be a sign that the device is failing. After surgery, patients should monitor their hip joint for swelling, any popping or grinding noises, a limp, or pain in the leg, hip, or groin. According to the FDA, these symptoms could be a sign that further surgery is needed.

Statute of Limitations on Medical Device Class Action Lawsuits

According to FindLaw, the statute of limitations regarding product liability varies from state to state. Usually, the timeline starts when a consumer discovers the injury done to them by the defective product. In this case, Zimmer argues that Adam’s statute of limitations started on the day of her surgery to address the implant issues in 2015. In Pennsylvania, consumers have two years from the date on which they discovered their injury to file a class action lawsuit.

The majority of states set a two-year statute of limitations, but some states’ statutes of limitations extend as long as 10 years from the date of the injury. Because of this, if you believe you have a defective medical device suit, you may wish to seek the assistance of a product liability lawyer.

Should You File a Zimmer Hip Replacement Lawsuit?

Further surgeries are often needed when a person experiences issues with their hip replacement prosthetic. This could lead to considerable extra costs for the patient. However, if you’ve experienced issues with your Zimmer hip replacement, a knowledgeable attorney could help you seek compensation for those expenses.