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.
Most states within the U.S. have laws designed to help patients who incur pain and suffering caused by defects in prosthetic devices. Per these laws, patients are entitled to compensation for their pain, medical expenses, and lost wages if it can be proven that a defective implant was to blame for their problems. Although Zimmer still stands fully behind its device based on its track record in Europe, it voluntarily pulled the product from the American market in July, 2008 in order to develop better training methods for doctors who insert the implants.
If you perform a search on the Internet for “Zimmer Durom Cup Lawsuits”, you will find a host of attorneys who are looking to help file lawsuits against Zimmer on behalf of patients. As the number of cases of implant failures continues to grow, these attorneys have done their research and believe that they can file successful individual or class action lawsuits against the manufacturer.
Some physicians have performed exploratory surgeries to try and determine what is causing their patients so much trouble. In some cases they have discovered that the cup has become so loose in the socket that it just pops out when touched. In other cases, the entire device has been found to have migrated a short distance away from where it should be located. Since the device has reputedly been so successful in Europe, Zimmer continues to deny any wrongdoing. Even so, physicians have estimated that almost 6% of the Durom Cup implants will fail and need revision within the next few years.
Zimmer stockholders take the position that Zimmer should have announced a suspension of U.S. sales before January 22, 2008 instead of waiting until July. Because of this belief, they have filed a class action lawsuit in Indiana requesting damages for those investors who purchased stock between January 22 and July, 2008 when the product was finally pulled from the market.
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.
