Idaho Plaintiffs File Zimmer Hip Lawsuit, Allege Permanent Disfigurement
On May 6, 2013, a Zimmer hip revision surgery lawsuit was filed on behalf of Daren Lady and his spouse, Debra Lady, against Zimmer Holdings, Inc. The complaint was originally filed in the U.S. District Court for the District of Idaho; however, it has been transferred to multidistrict litigation (MDL) No. 2158, which is proceeding in New Jersey federal court under Judge Susan D. Wigenton.
Although MDL is a type of consolidated litigation that allows a more streamlined approach to handling large numbers of similar cases against a defendant, each plaintiff has the right to their own individual trial. The recent complaint involves the Zimmer Durom Cup, which failed prematurely, forcing Daren Lady to undergo revision surgery. The plaintiffs are seeking compensatory damages in excess of $75,000.
Complaint notes Zimmer hip metallosis
When he was 46 years old, Daren Lady underwent a Zimmer hip replacement surgery, called a total hip arthroplasty. This type of surgery is intended to address joint problems that cause pain and limited range of motion, often as a result of osteoarthritis or physical trauma.
The plaintiff had the Zimmer metal-on-metal Durom Cup implant inserted into his right hip. The surgery took place on September 18, 2006. The plaintiff never fully recovered from his surgery, and experienced significant and ongoing pain. After taking x-rays, his physician determined that there was a discrepancy with the length of his legs. The plaintiff underwent a revision surgery on December 1, 2006 to correct the failed Durom Cup implant and address his leg length. When they worked on the hip implant, the surgeons noted that it had failed to fit properly in place. The surgeons reamed the acetabulum to the acetabular floor in an attempt to fix the plaintiff’s leg length discrepancy.
According to the Zimmer hip revision surgery lawsuit, despite the corrective surgery, the plaintiff continues to suffer from various medical complications. Due to his ongoing side effects, the plaintiff underwent a second revision surgery on November 27, 2012. At that time, the surgeon determined that the hip implant had failed, and that the plaintiff suffered from severe metallosis. Metallosis is a common complaint among plaintiffs who file lawsuits against Zimmer. As a patient with a metal-on-metal hip implant walks, the components rub together. The friction and wear and tear damage results in the release of metal ions into the bloodstream, a condition called metallosis. The metal particles can accumulate in the body’s soft tissues, leading to oxygen deprivation and tissue death. Metallosis has been associated with other complications, including loosening and failure of the implant device, bone deterioration, cyst formation, and osteolysis.
Lawyer alleges defective manufacture
This Zimmer hip revision surgery lawsuit alleges that the Durom Cup implant is defective in design and manufacture, and that it is “unreasonably dangerous” given the risk of metallosis. The lawyer for the Ladys further contends that the defendants failed to issue an adequate warning of the potential hip replacement complications to the plaintiffs and their healthcare professionals, and that the lack of a warning directly caused the plaintiff’s injuries.
The plaintiffs are seeking compensatory damages for Daren Lady’s physical pain and suffering, disfigurement, and medical expenses, in addition to economic losses caused by his incapacity to run his business as a result of his injuries. The complaint also seeks damages for Debra Lady’s loss of companionship and support.
- United States District Court District of New Jersey, Zimmer Durom Cup Products Liability Litigation http://docs.justia.com/cases/federal/district-courts/new-jersey/njdce/2:2010cv04716/246615/9/0.pdf