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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.
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.
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.
|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|
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.
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:|
|Pain and suffering|
|Loss of consortium|