Zimmer Hip Lawsuits
While the Durom Cup was released for public use in 2006, it was not until 2011 that patients who received hip replacements with the Durom Cup placed lawsuits in opposition of Zimmer Holdings. One plaintiff, Barry L. Grossman, cited a practicing surgeon’s claim that the Zimmer hip replacement device failure rate is 24 percent on some occasions. Grossman even stated that his personal quality of life had decreased since the use of the Durom Cup. The Cup was noted as defective due to the friction from the metal-on-metal operative. This created tiny, microscopic shavings of metal that eventually are released in the blood tissue that surrounds the hip bone.
When Did Zimmer Start Monitoring Metal-on-Metal Implants?
It was in 2012 that the FDA decided to create a program to monitor patients for the impact of metal-on-metal implants. Over time, complaints surfaced about the effects of the Durom Cup device from Lawrence Dorr, MD, and other surgeons about the need for corrective surgery in hip replacement patients. A true whistleblower, Dorr expressed concern with the high failure rate in patients. Zimmer denied any issues with the products themselves and claimed the failure was due to surgeons and their hip replacement surgery techniques. Due to Dorr’s outcry against Zimmer products, an investigation was held and it was discovered that Zimmer’s failure rate was higher than was publicly claimed. These complaints continue to spark further lawsuits against Zimmer today and led to a recall of the Durom Cup in 2008.
Should I Consider a Zimmer Lawsuit?
If you have had surgery on one or multiple hips utilizing the Durom Cup hip replacement device, you may have a case for a lawsuit against Zimmer Holdings. Other conditions that may give patients a case include additional revision surgeries, hip dislocation, lost wages, or severe disability due to the Durom Cup. To confirm if you are eligible for compensation please consult with an attorney who specializes or has experience in hip injury lawsuits.
What Lawsuits Have Been Filed Against Zimmer Holdings?
In 2020 a hip implant lawsuit in Iowa caused Zimmer to lose $3.5 million. The appeal was denied by the U.S. court due to the metal-on-metal hip implant injury found in Lori Nicolson and her husband, Willis. Zimmer also lost $21 million from a judge located in Missouri due to hip implant failure.
Before then, Zimmer faced another 240 multi-district litigation (MDL) lawsuits overseen by Judge Susan D. Wigenton in New Jersey. By 2022, over 1,700 more patients have filed lawsuits against Zimmer Holdings across the nation.
Have There Been Any Settlements from Zimmer Lawsuits?
Over time, Zimmer paid $400 million in lawsuit settlements for the Durom Cup injuries and losses. Settlements have yet to be finalized for Zimmer as lawsuit cases increase. Additional payouts expected from Zimmer Holdings are estimated at $200 million from the manufacturer and company failures.
Are There Any Zimmer Class Action Lawsuits?
According to McIntyre Law, there are not any class action lawsuits occurring against Zimmer at this time. Those who have suffered due to Zimmer’s products, however, can continue to pursue individual lawsuits for their metal-on-metal hip implant failures. While there have been multidistrict litigations (MDL), a class action lawsuit has yet to occur for Zimmer Holdings and their metal-on-metal surgical designs.
Has Zimmer’s Durom Cup Been Recalled?
Zimmer’s Durom Cup was voluntarily recalled in July 2008, and the company discontinued the product in 2010. As of today, Metasul metal-on-metal products are not promoted by Zimmer. Before the recall, surgeons already had implanted the hip device in over 12,000 patients across the United States. In a research study held by the National Center for Biotechnology Information (NCBI), it was said surgeons performed revisions in 29 of the 180 patients and 30 of the 206 hips for acetabular loosening within the following 2 years of implantation. According to the NCBI study, almost all patients had a clinical failure concerning the Zimmer device.
What Warnings Has the FDA Issued for Zimmer Hip Products?
The FDA previously issued a variety of warnings about the Zimmer hip products in 2015. These warnings include pain, revision surgeries, metallosis, and allergic reactions at the site of surgery.
How Does Pain Connect to Zimmer Hip Products?
Irritation and pain have commonly been reported in patients. This irritation is caused by the metallic friction in the hip devices, thus leading to redness or swelling of the hip and surrounding bone tissue. This pain can sometimes result in infection. If patients are infected it could prolong the pain and suffering caused by the insertion of products. Depending on the severity, some patients may need to take antibiotics to reduce the heavy inflammation surrounding the bone tissue.
What Is the Connection Between Revision Surgeries and Zimmer Hip Products?
Revision surgeries are harmful and can cause more strain on the body than the initial hip replacement operation. With a lower success rate, some patients have left those surgeries with a permanent disability and had trouble walking or performing normal daily activities. The Zimmer hip device’s design can cause loosening in the body which would permit the need for patients to undergo a second surgery—a payment that not only results in financial loss but increased physical risk for those affected.
How Do Zimmer Hip Products Cause Metallosis?
Metal poisoning, or metallosis, is when small particles are released into the body due to friction. The friction from the device then sheds its components into the bloodstream. With time, nervous system damage is possible, alongside bone degeneration from metal poisoning. As the tissues in the body are broken down in the hip, fracture risk also increases for patients. The root cause of the metallosis stems from the manufacturing facilities using metals like chromium. Chromium, and other metals, can be toxic to the body.
What Allergic Reactions Do Zimmer Products Cause?
Allergic reactions can occur in patients after Zimmer hip product usage according to the FDA. These reactions include irritation, redness, and pain from metallosis. The FDA informed healthcare professionals about incidences of manufacturer residue from the Zimmer M/L Taper during production processes in 2015.
Other severe allergies that Zimmer’s metal hip replacement products can cause include:
- Joint Loosening
- Mobility Issues
- Neurological Damage, Headaches
- Metal Debris Shedding
- Noises or Popping Sensations From the Hip
- Nerve Damage
- Bone Degradation
What Is the Zimmer Swiss Document Debate?
A document in possession by Zimmber GmbH, a Swiss affiliate, was discovered to relate to the plaintiff’s claims. The document was attempted to be excluded from the Zimmer hip replacement lawsuit evidence during multidistrict litigation. The document cited Hague Convention Rules which addressed contract debt settlements and other international disputes. Judge Madeline Cox Arleo later denied Zimmer’s request to prevent the Swiss document from being used as evidence against them in 2013, and Zimmer GMbH was then included as a defendant in hip replacement lawsuit cases.
How Did Zimmer React to Hip Replacement Lawsuits?
Zimmer initially made defensive claims for lawsuits against their modular-neck technology design. They claimed the failure was due to surgeons not using proper hip replacement techniques. Due to these explanations, Zimmer created a public guide for surgeons on their website on how to properly use the Durom hip replacement devices. Despite their rebuttal against surgical techniques, many patients still came forward years later experiencing issues due to the manufacturing of the device.
Early in the legal process, Zimmer was only accepting hip replacement claims for surgeries occurring before July 2008. Eventually, Zimmer had to legally accept other lawsuits against them for hip revision surgeries occurring after July 2008. This in part was due to the costly expenses patients continued to face with their device failure. Originally, Zimmer had set aside $271.7 million for the settlement of their hip replacement lawsuits. Later, the company was scheduled to complete all settlements within three years, but eventually acknowledged the further lawsuit payouts that were significantly higher than they expected.
Notwithstanding claims relating to this product, the drug/medical device remains approved by the U.S. FDA.