High Hip Replacement Failure Rate Linked to Manufacturer

The recent Zimmer Durom Cup issues were first noticed by prominent orthopedic surgeon, Dr. Larry Dorr, in 2007. He identified a high rate of problems with the Zimmer Durom Cup, where his patients were experiencing excruciating pain after their hip replacement which was being caused by the artificial hip socket separating from the bone, instead of fusing with it. After his concerns were dismissed by Zimmer, he published an open letter to his colleges in April 2008, which eventually led Zimmer to investigate the Durom Cup problems. While Zimmer’s own estimates in 2008 suggested that some doctors in the United States experienced failure rates as high as 5.7%, more recent claims made in Zimmer Hip lawsuits suggest that the artificial hip failure rate is between 20% and 30%.
More than 200,000 potentially defective Zimmer NexGen knee replacement components may have been used throughout the United States, which could have caused thousands of people to experience problems or require additional Zimmer knee revision surgery due to early failure of their knee replacement. In September 2010, several Zimmer NexGen knee recalls were issued for different components used in their knee replacement systems due to design or manufacturing problems. Certain Zimmer NexGen MIS components were recalled due to a high number of reports of problems associated with the devices. In addition, certain Zimmer NexGen LPS knee components were recalled due to inconsistent geometry and non-conforming designs.
What is considered to be modern hip replacement surgery has been in effect since the 70′s, which is why the idea may seem so commonplace. A hip replacement, such as those from Zimmer Durom, most commonly consists of three manufactured pieces, engineered to replace and duplicate the operation of a joint. They include a metal replacement for part of the femur. There is also a component which facilitates natural movement that simulates a natural joint, lastly is the bone cement and / or screws that hold it all together. Thousands of individuals are entitled to compensation for their suffering. Victims of Zimmer hip failure are highly advised to contact an experienced Zimmer hip lawyer as soon as possible.

Zimmer Hip Plaintiffs Seek Damages, Settlements for Side Effects

A Texas resident has joined the ongoing litigation against Zimmer Orthopedics after a number of patients of certain hip devices discovered significant complications associated with the products. Jeffrey Johnson has filed a lawsuit with the help of a Zimmer hip lawyer, introducing his case to litigation on January 9, 2012 in the United States District Court for the Eastern District of Texas.

Johnson underwent initial hip replacement surgery in 2008. The device which was implanted was the Zimmer Trilogy Acetabular Hip System, including a Zimmer Trilogy Shell and Liner. 

Zimmer Hip Lawyers Busy With Suits

A number of patients who have received Zimmer Durom Cup hip implants have noticed significant problems associated with the device, and have therefore decided to file suit against the orthopedic manufacturing company. The number of Zimmer lawsuits continues to grow as time wears on, and most of the cases involve some kind of Zimmer hip revision surgery, a second surgery intended to fix problems associated with the initial hip implant system. This surgery can not only be financially taxing for a patient, but can also come with a number of risks that are not present in the initial surgery, including an increased healing time and additional risk of infection and complications due to tissue and bone degradation.

The number of Zimmer hip lawsuits has grown to the point that many of them have been consolidated in multidistrict litigation, which is being overseen by Judge Rebecca R. Pallmeyer in the Northern District of Illinois. There are also a number of hip implant lawsuits dealing with other Zimmer products, including the Zimmer VerSys Hip System with femoral head and femoral stem. Hip implant failure and problems with hip implant devices usually manifest with symptoms that can include pain, trouble walking, trouble getting up from a seated position, and other complications that can reduce a patient’s ability to function normally in their day to day life.

Zimmer Hip Lawsuits in Swiss Evidence Confusion

Zimmer hip lawsuits are running into unforeseen complications as Swiss laws become entangled in the litigation process. Zimmer Durom Cup hip replacement systems are one of the devices that is at the center of the Zimmer legal battle, and the product was developed and first marketed in Switzerland. Because of this, many documents related to the Durom cup device are located in Switzerland. 

Zimmer hip lawsuits in MDL

A number of plaintiffs have hired a Zimmer hip lawyer to take legal action against the orthopedics manufacturing giant. Zimmer Inc is preparing for a legal battle that could involve hundreds of plaintiffs. Zimmer has filed a motion regarding the Swiss branch of their company, Zimmer GmbH. Zimmer plaintiffs have filed Zimmer hip lawsuits because they have experienced significant side effects, including Zimmer hip failure. 

Swiss law means Zimmer lawyers should add party

Swiss penal code and the Swiss Federal Act on Data Protection restrict the use of documents such as the ones relevant to Zimmer lawsuits as evidence in foreign civil litigation, and if Zimmer violates these restrictions the company will be subject to criminal and civil penalties. In order to avoid this, Zimmer has suggested that Zimmer lawyers for plaintiffs involved in Zimmer hip litigation name the Swiss subsidiary, Zimmer GmbH, as a party in each Zimmer hip lawsuit. This suggestion was made on August 15, 2011. 

On July 15, 2011, Zimmer notified plaintiffs' lawyers that Zimmer was working with Swiss counsel to find a solution that would allow relevant information to be disclosed for the sake of the Zimmer lawsuits that are currently awaiting litigation. By naming Zimmer GmbH in litigation, relevant evidence could be produced so long as the information protected by Swiss law was edited to take out personal information. 

Zimmer hip lawyers invoke Hague convention against plaintiffs

Some plaintiffs have argued that removal of personal information, such as names, from the relevant documentation necessary in Zimmer hip replacement cases that is currently being barred by Swiss law should be enough to ensure the protection of the company from criminal and civil penalties. However, Zimmer is countering with the argument that the Hague Convention, which establishes optional procedures that facilitate the taking of foreign evidence, is the best option in terms of protecting the company. 

Zimmer Knee Failure Alleged in New Texas Lawsuit

A man from Longview, Texas filed a product liability lawsuit against the manufacturer of a knee replacement product that has been allegedly been found to loosen in patients and require replacement surgery. Earlier this month, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Zimmer Nexgen Knee implant lawsuits be consolidated and transferred to U.S. District Court in Illinois. The Zimmer lawsuits involved in the Zimmer NexGen CR-Flex femoral components, Zimmer NexGen MIS Tibial components or Zimmer NexGen LPS-Flex femoral components. Waterston said in that in June 2008 he had a knee replacement surgery in which a Zimmer NexGen Knee was implanted. He claims that shortly after the surgery he began to experience severe and debilitating pain.

Zimmer Hip Lawsuit in Ohio Alleges Need for Revision Surgery and Metallosis

Sales have been suspended in the United States for the Zimmer Durom Cup hip replacement component, since many doctors have reported a substantially higher need for further Zimmer hip revision surgery. One lawsuit filed by Ohio resident Theresa Brammer on September 21, 2011, alleged that due to design defects in the system, she was forced to undergo two hip revision surgeries. Potential Zimmer Durom Cup lawsuits are being reviewed throughout the United States.  Because many hip replacement patients are unaware of the type of implant used, cases are being investigated for any individuals who have experienced problems after a surgery since 2006. At the time Zimmer announced that they were stopping sales of the Durom Cup in the U.S., they recommended that hip replacement patients who received their implant contact a doctor if they experience hip pain more than three months after surgery.

Implications of Complications from the Durom Cup

Many doctors and patients question why these steps were not taken before Zimmer allowed their Durom Cup to be used in thousands of hip replacements. Individuals who received the Durom Cup, or who believe that their doctor may have used the newer hip component, have been advised by Zimmer to contact their doctor if they experience pain more than three months after surgery. Zimmer Durom Cup hip problems could lead to the need for further revisions and surgeries. Some plaintiffs are seeking to have the cases consolidated in the U.S. District Court for the District of New Jersey under Judge Susan D. Wigenton, where many of the cases are currently pending.

The DePuy ASR is a metal-on-metal hip replacement system developed in 2005. Health care professionals have increasingly been warning about problems with metal-on-metal hip implants, which can shed metal particles into the body. The particles can damage soft tissue, cause inflammatory reactions and lead to bone loss. In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Hip recall was not issued since they did not uncover evidence of any manufacturing defect or design defect.  In fact, they intend to reintroduce the artificial hip implant after they develop instructions about the special surgical techniques that doctors need to use to avoid the risk of Durom Cup problems.  

Zimmer Hip Lawsuits Continue To Grow

Zimmer, the manufacturer of a Durom Cup knee device, temporarily suspended its sale in 2008. This created a great deal of interest among patients who had the device. Many lawsuits were filed under what was seen as a “Zimmer hip recall.” Zimmer did, however, resume sale of the device, although that has not stopped the increase of many individual Zimmer lawsuits. A Judicial Panel has taken the many individual lawsuits, and consolidated them into multidistrict litigation (MDL). This is addition to possible class action lawsuits.

MDL is an approach to litigation which consolidates related individual lawsuits that have many facts and issues in common, such as the Zimmer patients’ alleged problems. The decision to form an MDL is made by federal judges. The rationale of an MDL is that there will be streamlined efficiencies such as in the pre-trial process. This can cover individual cases from all over the United States to be heard before one federal judge. Lawyers can also join the MDL with additional Zimmer hip lawsuits.

And, Zimmer hip lawsuits in an MDL can also go to mediation; where the lawyers can negotiate a settlement. This is a quicker process, eliminating the need for a possibly lengthy trial.