Couple Seeks $1 Million in Zimmer Hip Implant Lawsuit

Although Margaret Dayne suffered from osteoarthritis, she was a very energetic and active person. That is why she chose to go with the Zimmer Durom Cup hip implant to resume her active lifestyle, because this particular metal hip implant device appeared to be made for a person just like Ms. Dayne. However, it is the claim of Ms. Dayne that the Zimmer Durom Cup hip implant failed to deliver on its promise and, instead, caused her a great deal of pain and suffering. That is why Ms. Dayne decided to file a Zimmer hip implant lawsuit on November 2, 2012 against the hip implant manufacturer in the U.S. District Court, Central District in Los Angeles, California.

Zimmer Hip Implant Marketed for Active People, Yet Fails to Deliver

In 2006, the Zimmer Durom Cup hip implant received its approval from the FDA to be sold in the United States. It is claimed in the Zimmer hip implant lawsuit that the plaintiff received the Zimmer Durom Cup hip implant on October 24, 2007. This particular hip implant device was selected by the plaintiff because it had been marketed as a suitable solution for those who lived an active lifestyle. It was also claimed in the marketing of the Zimmer Durom Cup hip implant that the hip implant device would improve range of motion and stability over other hip implant devices on the market today.

It was the expectation of the plaintiff that she would see an improvement in her quality of life by selecting this particular meta-on-metal hip replacement system. However, the opposite happened. A number of severe side effects began to occur as a result of the plaintiff receiving the all-metal hip implant. She was eventually diagnosed with pseudotumors and metallosis, which the plaintiff alleges is a direct result of the metal-on-metal hip implant. She then received a revision surgery on February 1, 2012.

The plaintiff in this Zimmer hip implant lawsuit brings several counts against Zimmer. Some of these include the following:

* breach of warranties
* constructive fraud
* failure to warn
* manufacturing and design defect
* negligence
* negligent and intentional misrepresentation
* unjust enrichment

Ms. Dyane’s husband also joined the Zimmer hip implant lawsuit and has claimed loss of consortium. The couple seeks compensatory and punitive damages of both an economic and non-economic nature. They have requested an award of $1 million with the help of their metal hip implant injury lawyer.

Damaging Evidence in the Zimmer Hip Implant Lawsuit

One of the main aspects of this Zimmer hip implant lawsuit is their claim that Zimmer knew there were serious side effects associated with the metal-on-metal hip implant yet chose to ignore them. Dr. Lawrence Dorr M.D., a respected orthopedic surgeon around the world as well as a Zimmer consultant, had previously reported a failure rate of the hip replacement system at 18.5% when he conducted follow-up evaluations of a certain group of hip implant patients.  Dr. Dorr reported these problems to the company but he was subsequently ignored.

He then went on to warn other hip implant surgeons by writing a memo that was published in April of 2008 in the American Association of Hip and Knee Surgeons. Following this public notification Zimmer did suspend sales of the Durom Cup in July of 2008. But then Zimmer re-released it approximately a month later. At this time they announced that the company had found no issues with the all-metal hip replacement device. They went on to claim that any complications or side effects associated with the Zimmer hip implant device were due to the surgeon’s errors that were implanting the implant. All of this occurred just as Ms. Dayne was receiving her first Zimmer Durom Cup hip implant. The plaintiff goes on to claim in her Zimmer hip implant lawsuit that the company had an obligation to warn her as well as her doctor of the potential complications of the hip implant device.

This was all occurring while plaintiff Dayne was receiving the Zimmer Durom Cup hip implant. She claims that the company should have alerted her and her physician of the possible complications with the implant.

Filing a of Zimmer Hip Implant Lawsuit

If you have had a similar experience with a Zimmer hip implant product, consult a Zimmer hip implant lawsuit attorney right away to learn more about your legal rights. Visit the Zimmer Metal on Metal Hip Implant Class Action Lawsuit Investigation page to receive your free consultation with an experienced Zimmer lawsuit attorney.