New Durom Cup Hip Lawsuit Joins Zimmer MDL
By Amanda Antell
A new Zimmer Durom Cup hip lawsuit has been filed in U.S. District Court in the District of New Jersey. The plaintiff, Lynette Kerby, alleges that she suffered extreme pain, limited mobility, and required revision surgery after implanting the artificial hip. The plaintiff and her husband are now demanding financial and medical compensation from Zimmer, on the grounds that their defective product was the direct cause of her injuries.
While the lawsuit was originally filed on its own, it was transferred to multidistrict litigation (MDL) in New Jersey, where multiple lawsuits allege the same injuries from Zimmer hip implants. Kerby’s case was joined with the Zimmer lawsuit MDL in May 2013.
Zimmer Hip Implant Failed, Lawsuit Says
Kerby underwent complete hip replacement in both her left and right hips in 2007. After the surgery, she experienced severe pain and discomfort and the inability to function from even the simplest of activities. Because of her injuries and Durom Cup failure, Kerby was forced to undergo revision surgery on her right hip in 2011 and on her left hip in 2012, according to her lawsuit.
Kerby also states in the lawsuit that she was not warned of these potential complications, either before or after her surgery. Zimmer has responded to Kerby’s and other plaintiffs’ allegations by insisting that it was the surgeon who implanted the device incorrectly, and that their hip implants are not defective. Zimmer launched its own investigation of their hip implant in 2008, which lead to the device temporarily being unavailable for sale that year. The voluntary Zimmer hip recall in July 2008 lasted for several weeks, and the hip implant was put back on the market with updated surgical instructions.
Zimmer Hip Implant Recall Highlights Problems
Approximately 12,000 patients in the United States had chosen the Durom Cup as their hip replacement between 2006 and 2008. Zimmer had presented their product as a safe way to offer patients greater range of motion, and less wear on the implant. The company boasted that its metal-on-metal hip replacement was superior to its ceramic cousins because of its stronger durability. However, it was this very statement that landed the company in such hot water.
Not only are metal-on-metal hip implants not superior to ceramic or plastic hip implants, but they make way for a potentially dangerous condition for the patients. When the metal ball and socket joints in the device move against each other, small metal particles from the device corrode and enter the bloodstream and surrounding tissue, causing severe metal poisoning. If left untreated, this condition can be fatal.
Kerby and her husband are seeking compensatory, punitive, and exemplary damages from Zimmer, exceeding over $75,000.
Metal Hip Implant Makers on Trial
Zimmer is not only company in trouble for metal hip replacements. In an order filed on June 12, 2013, the federal Judicial Panel ordered 41 Stryker Hip Implant lawsuits from 16 federal districts to be consolidated under the purview of the Honorable Judge Donovan W. Frank in their own MDL. Judge Frank will preside over all pretrial motions, discovery, and settlement negotiations for the Stryker Rejuvenate and ABG II hip implant lawsuits in the MDL. At least 110 additional pending lawsuits could possibly join the MDL.
If you believe that you or a loved one has been the victim of a metal hip injury, you have legal options. Please visit the Stryker Metal Hip Implant Recall Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review. If it qualifies for legal action, a skilled metal hip lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The metal hip attorneys working this investigation do not get paid until you do.
Updated July 1st, 2013
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