Hip replacement manufacturer Zimmer Holdings Inc. voluntarily suspended sales of the Durom Cup in July 2008, but reintroduced the product to the market a few months later. Zimmer set aside millions of dollars to compensate patients who filed lawsuits after received Durom implants and later required revision surgery after suffering serious complications.
Zimmer Hip Implant Lawsuits & MDL No. 2158
On June 9, 2010, the Judicial Panel on Multidistrict Litigation (MDL) transferred federal cases regarding the Zimmer Durom Cup to the U.S. District Court for the District of New Jersey. Known as MDL No. 2158, the cases remain separate, but have been grouped together for pretrial proceedings.
Federal Cases Pending
Judge Susan D. Wigenton oversees the federal litigation, which included 240 cases. However, nearly 100 of those cases have been resolved, including cases that have settled. Several lawsuits have also been filed at the state level, including cases filed in New Jersey state courts.
$400M in Settlements
Zimmer already paid close to $400 million in settlements to people injured by the Durom Cup. In addition, it expects to pay more than $200 million more to settle pending lawsuits. After finalizing settlements and mediation, bellwether trials are expected to continue.
Why People File Zimmer Durom Cup Lawsuits
According to the lawsuits, Zimmer knowingly sold and marketed a defective product. There are also other counts of negligence against Zimmer.
Plaintiffs state that Zimmer:
- Did not warn of the risks
- Did not properly test the Durom Cup before selling it
- Improperly marketed the device
- Released inaccurate statements about the device’s safety and effectiveness
- Unfairly profited from sales of the Durom Cup
The Durom Acetabular Component – or Durom Cup, as it is commonly known – is constructed of a single sheet of cobalt chromium alloy metal. It was designed to be used without cement and has a porous coating designed to encourage bone growth and fuse it to the hip socket, holding it into place. Unfortunately, in some people the device failed within two years, causing serious injury.
According to lawsuits, instead of securely fitting into the hip socket, the Durom Cup fails to bond with the bone and can lead to:
- Severe pain
- Nerve damage
- Need for revision surgery
People Who Filed Zimmer Lawsuits
People who file Zimmer hip replacement lawsuits claim that their injuries were caused by the device maker’s negligence and could have been avoided. One complaint states the Durom Cup failure rate is as high as 30 percent and that Zimmer continued to market the defective product.
Matthew and Stephanie Cristino
Matthew Cristino received a Durom implant in 2006. Despite “ideal conditions for a hip replacement,” he experienced “extreme pain and weakness” following his surgery. He had to receive multiple revision surgeries. He alleged that Zimmer was aware of a high rate of failure associated with the device, but failed to warn his surgeon. He and his wife sued Zimmer in federal court in California. Their case was later transferred to the federal MDL.
David and Lucinda Weaver
Lucinda Weaver received a total hip replacement in 2007. She later suffered loosening and separation of her Durom implant. She claimed that the implant was defective and “did not perform as safely as an ordinary consumer would expect.” She filed a personal injury lawsuit in California state court for damages, including medical expenses and loss of income. The Weavers reached a settlement with Zimmer in December 2010.
Others who have suffered similar injuries from Durom hip implants may be eligible to receive compensation for:
- Medical bills
- Pain and suffering
- Lost income
- Loss of consortium
- Punitive damages