California Lawsuit Claims Zimmer Durom Cup Caused Injuries

A lawsuit filed by a Zimmer hip lawyer in the U.S. District Court for the Central District of California on November 2, 2012, alleges that the plaintiff suffered injuries as a result of the Zimmer Durom Cup.

Margaret Dayne, a California resident, and her husband seek compensation for injuries she allegedly suffered. She claims that the deficiencies of the device were not recognized by Zimmer and that the quality assurance procedures were poor and inadequate. She also asserts that the defendant didn’t conduct adequate testing on the components of the implant in order to find possible problems.

She brings counts of manufacturing and design defects, negligence, failure to warn, negligent and intentional misrepresentation, breach of warranties, unlawful business practices, constructive fraud, unjust enrichment, and negligence per se. Her husband claims loss of consortium.

She seeks a positive jury verdict or settlement to help pay for the medical expenses she has accrued due to her injuries.

Zimmer’s Durom Cup meant to bond to patient’s hip bone

The Zimmer Durom Cup is a metal-on-metal hip implant that inserts a metal ball inside a metal cup. Post-marketing studies of such devices have shown that all metal implants run a risk of metal contamination in tissue that surrounds the joint and through the rest of the recipient’s body. The plaintiff in this case suffered from metal debris entering the tissue and body, leading to the death of the soft tissue and bone that surrounds the hip.

This particular device was intended to bond to the patient’s hipbone. Rather than using cement or screws when the device is implanted, it is sprayed with a highly engineered substance that is meant to smooth the human body’s acceptance of the cup. The bone is intended to grow into the exterior shell of the cup. Instead, the cup was found to resist bone growth and come loose and/or pop free from the hip, leading to pelvic bone damage.

Plaintiff required hip revision surgery and still suffers on a daily basis

The Zimmer Durom Cup was approved by the FDA in 2006, but a recall was implemented by the company in 2008.

Surgeon complaints led to Zimmer’s temporary suspension of sales of the implant on July 22, 2008. The product was re-released approximately a month later and the company stated that they found no evidence of a defect. They added updated surgical instructions.

Prior to her Zimmer hip replacement problems, the lawsuit states that Dayne was an energetic woman who led an active life in spite of osteoarthritis. Because of the marketing of the Zimmer Durom Cup, Dayne and her doctor felt that the device would provide better stability and range of motion in comparison to other devices available.

She expected a substantial improvement in her quality of life after she had the procedure on October 24, 2007.

However, following the surgery, she says that she suffered from severe pain that restricted her ability to participate in the physical activities that she did prior to the surgery and also interfered with her ability to perform normal duties at work. Later, she was diagnosed with metallosis and a pseudo-tumor.

On February 1, 2012, Dayne required revision surgery to replace the device.

She still struggles with normal physical activities on a daily basis and her injuries inhibit her ability to work, enjoy time with her husband and family, perform customary household tasks, and sleep comfortably.