Zimmer Durom Cup Hip Failure Blamed on Doctors

As more and more patients become aware of the design problems and side effects surrounding the Zimmer Durom cup hip replacement system, lawsuits continue to pile up in courts with more and more plaintiffs filing suit against the Zimmer Corporation. More and more surgeons, too, are speaking out about increasing rates of failure.

Zimmer Hip Replacement Lawsuit May Get Underway Soon

Zimmer Holdings, which is a publicly traded company that made over $4 billion in revenue in 2009 alone, is facing a slew of lawsuits over their Durom Cup hip replacement system. Patients using the device have experienced various side effects and complications from the implant, in many cases making life more difficult and causing extensive pain and bodily harm. Although pretrial proceedings for the multidistrict lawsuit surrounding the case may get underway as soon as later this year, Zimmer may try to reach a settlement with plaintiffs.

Planned Settlements for Zimmer Hip Lawsuit Cases

Zimmer Holdings Incorporated, makers of the Zimmer hip replacement system, have been so plagued with lawsuits since the faults in their hip replacement system were revealed that they have set aside $47 million simply to deal with the payouts and settlements the lawsuits will necessitate. Some of the problems with the Zimmer hip replacement are so serious that patients need a risky hip revision surgery, or a second surgery in order to replace or repair the implant. This surgery can cause dozens of its own complications, and can even threaten the life of the patient.
Lawsuits against Zimmer Holdings Incorporated started being filed in 2008, when patients first started reporting problems with their implants. That same year, Zimmer pulled the hip implant from the US market – but has since reintroduced it, claiming that surgical error and not technological error to be at fault in this case, and requiring all surgeons to take a course on proper administration of the implant before using it in surgery. However, this does not stop the flood of lawsuits from pouring in – lawsuits are still being filed, and there is no telling how many of the 12,000 people who received the implant will complain of side effects and file suit against the company. Some studies have shown that, depending on the situation, as many as 5.7% of people who received the implant experienced failure. Patients have complained of hip pain, swelling, and loosening of the implant, all of which detract from the quality of life of the patient and in some cases cannot be remedied simply.
Although the hardware was approved in 2006, it seems as though Zimmer Holdings Incorporated has created a product that has caused gratuitous harm, potentially to thousands of patients. Despite this, they have reintroduced a potentially unsafe product to the US market.

Zimmer Hip Replacement Lawsuit May Get Underway Soon

Zimmer Holdings, which is a publicly traded company that made over $4 billion in revenue in 2009 alone, is facing a slew of lawsuits over their Durom Cup hip replacement system. Patients using the device have experienced various side effects and complications from the defective hip implant, in many cases making life more difficult and causing extensive pain and bodily harm. Although pretrial proceedings for the multidistrict lawsuit surrounding the case may get underway as soon as later this year, Zimmer may try to reach a settlement with plaintiffs.
Zimmer has set aside more than $100 million to handle costs associated with settlements and lawsuits related to their Durom Cup implant system. The company has also already reached out to some victims of the faulty implant, especially those who have had to undergo painful and complicated hip revision surgery to remove and replace the implant. A lawyer for these victims might suggest that they do not take the settlement, which most likely will not represent fair compensation for the suffering they have had to undergo as well as the pain they may continue to experience in the future due to the nature of the implant system. More likely, these patients should file suit against Zimmer in order to receive a greater amount of compensation.
Lawsuits related to the Zimmer case have been consolidated into a multidistrict litigation case, which will help speed them through the judicial system. Although there were only 45 lawsuits when the case was approved for multidistrict litigation, experts estimate that there could be hundreds by the time pretrial proceedings begin. The cases, filed in federal courts nationwide, will take place in the District of New Jersey, under Judge Susan D. Wigenton. Although there is no telling what kind of settlement patients may receive, the decision to consolidate the Zimmer hip lawsuits and put them through the New Jersey court brings plaintiffs closer to compensation.

Zimmer Hip Statue of Limitations: Time May Not Have Run Out

Patients who have been affected by the side effects that have come to be associated with Zimmer Durom cup hip replacement systems – hip and groin pain, pain when climbing stairs, and other serious complications – may be interested to know that, while the statue of limitations in their state may have run out, they could still have time to file a Zimmer hip replacement lawsuit.
The statue of limitations, which is the period during which a plaintiff can file papers with court, varies from state to state. In New Jersey, where Zimmer lawsuits have been consolidated into multidistrict litigation, the statue of limitations is two years – and most, if not all, patients who have received faulty Durom cup implants received them at least two years ago, usually more. Despite this, recipients of a faulty implant may still have time to file a lawsuit.
In most cases, the statue of limitations does not begin until a patient discovers side effects from the hip implant, or is diagnosed with them. For example, a patient who received an implant in 2007 but did not experience side effects until 2010 may still be able to file a Zimmer hip replacement lawsuit until 2012. Additionally, in some cases, the statue of limitations can be extended, which usually takes place when there is a delay in the discovery of a wrongdoing or when a defendant has fraudulently concealed a wrongdoing, such as in the case of a patient who believes his or her pain after surgery to be normal for a few years afterwards, but then realizes it is due to a faulty implant.
However, in any case, only an experienced and trusted lawyer can give truly accurate advice to a potential plaintiff as to whether or not he or she has a Zimmer hip replacement case.