In 2006 Zimmer Durom Cup Hip Implants were approved for use in the United States. Within less than 2 years, more than 12,000 patients were functioning using a Durom Cup as a replacement device for a defective hip joint. Although these implants had been used for 3 years in Europe prior to being approved in the U.S. and had exhibited a high rate of success, in the U.S. patients started developing problems, some almost immediately after surgery. Their doctors, looking for reasons why the implants failed, decided that the Durom Cup was a defective device.

Patients who suffer from the use of defective prosthetic devices are protected by law in most U.S. states. These laws entitle a patient who experienced pain, incurred medical expenses, or lost wages due to a defect in a medical device to receive compensation for their losses. Zimmer has not yet conceded that their product is defective because of its success rate in the European market, but in order to give itself time to develop a better training program for American surgeons, Zimmer voluntarily pulled the cup from the American market in July, 2008.

By using Google to search the Internet for “Zimmer Durom Cup Lawsuits” you can find many websites of attorneys who feel that patients have a case against Zimmer and offer to help them file lawsuits. The number of implant failures continues to grow, and these attorneys who have taken it upon themselves to become involved truly believe that Zimmer is at fault. Physicians tend to agree and estimate that hundreds of the devices will fail within the next few years.

Doctors who have done further surgery to determine the cause of patient discomfort have found that the cups have loosened over time to the point where they just pop from the sockets at the slightest touch. Other patients have devices which have actually migrated a short distance in their bodies so they are no longer located exactly where they should be. Although Zimmer contends that the rate of failure of the Durom Cup is quite low, physicians believe that hundreds of them will fail and need revision within the next few years.

Stockholders in Zimmer stocks feel that the company did not pull the product from the market quickly enough causing additional problems for patients. With this feeling in mind, stockholders filed a class action lawsuit in Indiana seeking damages for those who invested in company stocks between January and July, 2008. These stockholders and their attorneys believe that Zimmer should have suspended sales before January 22, 2008 when a large number of problems began to surface.

Zimmer still pleads its case that its Durom Cup is not to blame for the surgical failures in the United States. Instead they contend that physicians did not receive adequate training for doing the procedure. Even so, in October, 2008, Zimmer announced that it had reserved $47.5 million to pay claims won in lawsuits against it. In July it was shown that the failure rate of cup implants could be as high as 5.7%. Zimmer states that this money is not being reserved for all patients and revisions but only for “revisions associated with surgeries that predate the company’s voluntary suspension and which also occur within two years of the original surgery date.” The resolution of this problem remains to be seen.

Tags: athlete, dorr, exercise, health, hip recall, hip replacement, law, lawsuits, Lawyer, legal, sports, wellness, zimmer durom, zimmer recall

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