Medical malpractice, product liability, and personal injury Zimmer Hip lawsuits have accumulated in large numbers with no clear end yet in sight. Federal multidistrict litigation (MDL) has allowed Durom Cup plaintiffs to consolidate their lawsuits for purposes of fact-finding and pretrial rulings, possibly making it easier for these matters to be brought to final resolution or settlement. As Zimmer Hip lawsuit cases continue to make their way through the courts, additional victims of these device failures are beginning the process of seeking accountability and financial compensation.
Problems with Zimmer’s Durom Cup Emerge
Most of the trouble faced by Zimmer in relation to its knee replacement devices stems from the Durom Acetabular Component, often referred to simply as the Durom Cup. Designed as a substitute for the natural acetabulum (hip socket), the Durom Cup is fabricated from a piece of alloy metal. Zimmer believed that this product was an ideal solution for younger hip replacement patients who desired greater range of motion in order to maintain their vigorous lifestyles because it featured a larger head diameter than traditional devices. Unfortunately, for patients, it was not long until many began to experience displacement and shifting of the Durom Cup, resulting in debilitating pain and mobility losses. An alarming number of Zimmer hip implant recipients needed revision surgery to ameliorate the discomfort and correct the situation.
High Failure Rates Lead to Sizable Settlements and Verdicts
Failure estimates for the Zimmer Duron Cup hip device have been placed at roughly 30 percent. Partly in response to this alarming track-record, marketing and sales of the implant were temporarily halted in 2008. The reason for the suspension was said to be that the instructions for surgical use were insufficient and that physicians required additional training with the products. Though the implants were reintroduced soon after, they have continued to be linked to severe joint pain, required revision surgery and excessive pain and suffering among implant recipients. The large number of affected patients led to the 2010 creation of a multidistrict litigation (MDL) process in federal court to facilitate coordination of factual discovery tasks and critical pretrial judicial decisions.
The Zimmer hip MDL has produced a significant number of successful settlements, though many hundreds of unresolved cases are still progressing through state and federal courts nationwide. Zimmer eventually placed $50 million in a reserve settlement fund, a figure that has continued to rise. A 2012 filing with the Securities and Exchange Commission revealed that Zimmer had, to date, paid more than $388 million in Durom Cup claims and that the company expected to pay at least $230 million more before conclusions were reached in all outstanding claims.
In August of 2015, a California jury found in favor of the plaintiff in a Zimmer Duron Cup hip lawsuit, awarding him $9.2 million. The outcome came at the end of a trial lasting three weeks, in which the plaintiff presented evidence of the muscle damage and pain he experienced due to the defective hip implant.
Why a Patient Might File a Zimmer Hip Lawsuit
Filing a Zimmer hip lawsuit can help victims of the defective devices secure much-needed financial compensation and boost public awareness of the negligent manner in which implants were brought to market and sold to patients who relied on their safety. Typical compensation categories available in a lawsuit of this nature could include:
- Payment to make the plaintiff whole after being unable to work
- Payment to replace lost income potential
- Funds to cover the medical costs of revision surgery, associated physical therapy and prescription drugs
- Payment for pain, suffering and significant emotional distress
Though a large volume of Zimmer hip lawsuits have already been resolved through mediation and other modes of settlement, new claims continue to arise and cases are almost certain to be ongoing for the foreseeable future.