Complaints Over Zimmer Hip Failure Reach Their Peak in 2011

Some experts fear all-metal hip implants could become one of the biggest and most costly medical implant problems in recent history.Metal-on-metal hip implants accounted for nearly one-third of the estimated 250,000 Zimmer hip replacement recall performed each year. According to one estimate, some 500,000 patients have received an all-metal replacement hip. It is believed the devices can shed dangerous amounts of cobalt and chromium through wear, leading to tissue damage, premature device Zimmer hip failure, the need for revision surgery, and even long-term health problems. Symptoms discussed in the Times’ article include pain, rashes, and inflammation. Unfortunately, many metal-hip implant recipients who sustain tissue damage have no symptoms, making it difficult to determine if their device should be removed.

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 Durom Cup lawsuits suggest that the artificial Zimmer hip implant failure is between 20% and 30%.In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Durom Cup recall was not issued since they did not uncover evidence of any manufacturing defect or design defect. Over 12,000 people in the United States have had a Zimmer Durom Cup implanted during their hip replacement surgery.  Hundreds of these people could experience loosening of the component and the need for additional surgeries which was caused by the negligence of Zimmer Holdings, Inc.  

Zimmer Holdings, Inc. reported last year that it is setting aside $75 million to resolve current and future lawsuits over their Durom Cup hip replacement system. In October 2008, Zimmer disclosed that they had set aside $47.5 million to settle Durom Cup claims, and they indicated during their fourth-quarter of 2008 earnings report that the reserves had been increased to $69 million. The $75 million reported this quarter appears to be in addition to that amount. In June, the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate and centralize all lawsuits over the Zimmer hipreplacement in the U.S. District Court for the District of New Jersey as part of a multidistrict litigation (MDL) for pretrial litigation.

No End In Sight To Zimmer Hip Lawsuits

In July 2008, Zimmer suspended US sales of the Durom Cup following complaints about Zimmer hip implant failure due to loosened components that required revision surgery. That year, Zimmer’s own estimates suggested that some doctors in the US experienced failure rates as high as 5.7 percent with the Durom Cup. However, some Zimmer Durom Cup Zimmer Hip Lawsuit claim the failure rate could be as high as 30 percent.  It is estimated that 500,000 patients in the U.S. may have received metal-on-metal hips, and it’s very likely that tens of thousands will be forced to undergo painful revision surgery due to early failures. More lawsuits are also expected and some experts believe the litigation surrounding all-metal hips may emerge as the largest product liability cases of this decade.

In July 2008, the manufacturer decided to suspend U.S. sales of the product, but a Zimmer Durom Cup 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 Zimmer hip implant failure after they develop instructions about the special surgical techniques that doctors need to use to avoid the risk of Durom Cup problems. 

Zimmer Prepares for Metal-on-Metal Hip Replacement Lawsuits

Shortly after Zimmer introduced the Durom Cup in the United States, concerns emerged about a high number of Zimmer hip replacement recall involving the hip implant, where the component loosened and required revision surgery.In July 2008, Zimmer suspended US sales of the Durom Cup following complaints about Zimmer hip implant failure due to loosened components that required revision surgery. Approximately 12,000 individuals had the Zimmer Durom Cup system implanted in their hip between 2006 and 2008. While Zimmer’s own estimates in 2008 suggested that some doctors have experienced failure rates as high as 5.7%, more recent claims made in Zimmer Durom Cup lawsuits suggest that the artificial hip failure rate is between 20% and 30%.

In April 2008, prominent Los Angeles orthopedic surgeon, Dr. Larry Dorr, notified members of theAmerican Association of Hip and Knee Surgeons about the Zimmer Durom Cup problems he was encountering with patients who received the component.  Problems such as loosing of the components and a higher than expected rate of Zimmer hip revision surgery were identified by Dr. Dorr.After initially dismissing Dr. Dorr’s report of problems, Zimmer agreed to initiate an investigation of the Durom Cup problems in May 2008. 

Ballooning Fund For Zimmer Hip Lawsuits Prepared to Burst

The Zimmer Durom Cup hip implant was first introduced in the United States in 2006, with a design that was supposed to avoid many problems associated with traditional hip replacement components, such as instability, limited range of motion and wear of the bearing. However, shortly after it was introduced, concerns emerged about a high number of Zimmer hip replacement failures involving the Durom Cup, where the component loosened and required revision surgery. A temporary Zimmer hip recall of the Durom Cup implant was issued in July 2008,

Zimmer Hip Lawyers Fight for Different Types of Damages

Papaccio v. Zimmer Holdings, in the U.S. District Court in the Middle District of Florida on July 11, 2011 asked for declaratory relief. Declaratory relief is a judge's determination of the parties' rights under a contract or a statute often requested for information in a lawsuit over a contract. The theory is that an early resolution of legal rights will resolve some or all of the other issues in the matter. Over 12,000 people in the United States have had a Zimmer Durom Cup implanted during their hip replacement surgery.  Hundreds of these people could experience Zimmer hip failure due to loosening of the component and the need for additional surgeries which was caused by the negligence of Zimmer Holdings, Inc.  They introduced a new product without providing adequate warnings or instructions about the proper use and surgical techniques required leading to many hip replacement patients looking to file a Zimmer hip lawsuit.

Large Fund Set Up By Zimmer To Settle Lawsuits

The Zimmer Durom Acetabular Component is a newer type of artificial hip part which is designed for use in combination with Zimmer’s Metasul Metal-on-Metal Tribological Solution Large Diameter Heads (LDH). The Zimmer Durom cup hip replacement  is a monoblock of cobal chromium alloy which was introduced in Europe in 2003 and approved in the United States in 2006. In May 2008, Zimmer sent a letter to healthcare providers indicating that they were initiating an investigation into the complaints of Zimmer Durom Cup complications. After reviewing data on over 3,100 cases, Zimmer suspended sales of the Durom artificial hip component in July 2008. All federal lawsuits over problems with Zimmer NexGen knee replacements have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, which will be centralized in the U.S. District Court for the Northern District of Illinois. 

Zimmer Hip Replacement Problems: Device or Surgeon?

Zimmer is making claims that there have been an excessive number of Zimmer hip failures associated with their Durom Cup knee replacement system not because the device itself is faulty, but because surgeons who are implanting the device in patients are doing so incorrectly. They also cite other possible complications that could have an impact on the viability of the device – infection, dislocation, trauma, bone fractures, and metal hypersensitivity could, claims Zimmer, make a medical device such as the Durom Cup more prone to failure. Despite these claims, a class action lawsuit has been filed in Canada that involves every one of the almost 5,000 Canadians who were fitted with a Zimmer Durom Cup hip replacement system.