Personal injury lawsuit filed against Zimmer over defective hip implant

Jul 17 2010

Kent L. Klaudt, a partner in the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that James Cabral today filed a personal injury lawsuit against Zimmer Inc., the nation's largest producer of orthopedic devices. Cabral has suffered constant and devastating pain for over 18 months and will have to undergo a second hip replacement surgery due to an allegedly defective hip implant manufactured and sold by Zimmer under the brand name Durom Cup.

“As a result, a large number of Zimmer hip patients have experienced severe pain and have been forced, as will Mr. Cabral in the near future, to undergo a painful and invasive revision surgery to remove the failed Durom Cup and replace it with a device that works.”

The Durom Cup was first sold in the U.S. in 2006, and was implanted in more than 12,000 patients over a two-year period. The complaint estimates that the failure rate of the Durom Cup so far is between 20% and 30%. The true failure rate will ultimately be much higher as the device gradually fails over time, and doctors and their patients come to realize that their implants are failing.

"My life as I had known it up until my hip replacement surgery has wholly changed," stated James Cabral, 57, from Victorville, California. "I use to lead a very active lifestyle, playing sports, traveling, and keeping up with my grandchildren, but my limited range of motion and the physical pain now make these activities impossible. I am still able to work, fortunately, but not without pain and I often use a cane for support."

In July 2008, six months after Cabral received his Durom Cup, Zimmer issued a "temporary suspension" of sales of the Durom Cup device because of the unacceptable failure rate. "Rather than functioning in the intended manner, the Durom Cup implant resists bone growth and becomes loose or pops free from the hip," stated attorney Klaudt. "As a result, a large number of Zimmer hip patients have experienced severe pain and have been forced, as will Mr. Cabral in the near future, to undergo a painful and invasive revision surgery to remove the failed Durom Cup and replace it with a device that works."

Allegations Concerning the Zimmer Durom Cup

A "metal-on-metal" implant, such as the Durom Cup, is not cemented or screwed in place during implantation. Instead, it is designed to bond naturally to the patient's hip bone.

After the product was introduced in the United States, Zimmer began receiving complaints from physicians that its Durom Cup was failing. "Despite warnings from leading orthopedic surgeons, Zimmer continued to aggressively market the Durom Cup in 2007 and into 2008, blaming surgeons for the growing failure rate," explained Klaudt.

In July 2008, Zimmer announced that it was temporarily suspending sales of the Durom Cup in the United States. In its announcement, Zimmer stated that the suspension was necessary "while the Company updated labeling to provide more detailed surgical technique instructions to surgeons and implements its surgical training program in the U.S."

Zimmer denies any "evidence of a defect" with the Durom Cup and has thus far refused to issue a recall notice in accordance with procedures established by the Food and Drug Administration.

The lawsuit, entitled Cabral v. Zimmer Holdings, Inc. and Zimmer, Inc. was filed today in federal court in Los Angeles, California.

Legal Resources for Zimmer Durom Cup Hip Implant Patients

Lieff Cabraser represents persons across America injured by defective medical devices, including the Zimmer Durom Cup.

If you would like to learn more about your legal rights please visit http://www.personalinjurylawyeramerica.com/medical/zimmer-durom-hip-recall.htm or call us toll-free at 1-800-541-7358 and ask to speak to attorney Heather Foster. There is no charge or obligation for our review of your case.