New Zimmer Durom Cup Hip Lawsuit to Join Federal MDL

A new Zimmer Durom Cup hip lawsuit has been filed in U.S. District Court in the District of New Jersey. The plaintiff in this complaint alleges she suffered extreme pain, limited mobility and the need for revision surgery after undergoing hip replacement procedures in both hips. The plaintiff and her husband are now demanding compensation from Zimmer, claiming the defective medical devices were a direct cause of her injuries.

The complaint was originally filed by the couple’s Zimmer hip lawyer in U.S. District Court in Utah on April 16, 2013. The case was transferred to multidistrict litigation (MDL) in New Jersey that centralizes federal Zimmer hip lawsuits. Multidistrict litigation was established for these cases on June 9, 2010, for the purpose of making early trial proceedings more efficient for both plaintiffs and defendants involved in these complaints.

Zimmer Durom Cup hip lawsuit alleges serious injury, pain

The plaintiff, Lynette Kerby, states that she underwent total hip replacement on both her left and right hip in 2007. After the surgery, Kerby experienced “severe pain and discomfort and the inability to function with her activities of daily living.” Because of her injuries and early Durom Cup failure, Kerby was forced to undergo revision surgery on her right hip in 2011, and on her left hip in 2012.

Revision surgery is a risky procedure that involves the removal of the faulty device and the implantation of a new one. Surgery is complicated by the possibility of bone and tissue damage caused by the original defective device.

Inadequate warning of defects offered by Zimmer

Kerby also asserts in her lawsuit that she was unaware of the potential complications associated with her Zimmer hip replacements, because the manufacturer did not provide that information to the medical community or general public. However, Zimmer had reason to believe there could be problems with their Zimmer Durom Cup in 2007, the year Kerby had her initial implant procedure. Dr. Larry Dorr, an orthopedic surgeon who had also served as a professional consultant to Zimmer, had notified the company of high failure rates in the Durom Cup during that year. Dr. Dorr also sent a letter to the American Association of Hip and Knee Surgeons, alerting other orthopedists to the problems he encountered.

Zimmer responded to the allegations by stating the problems associated with the device were due to surgeon error, not a defect of the implant. The company then launched its own investigation of their device, which resulted in the temporary suspension of sales of the Durom Cup in 2008. The voluntary Zimmer hip recall in July 2008 lasted for several weeks before the Durom Cup was put back on the market with updated surgical instructions.

Thousands of patients exposed to potential complications

According to this Zimmer Durom Cup hip lawsuit, approximately 12,000 patients in the United States were implanted with the Durom Cup between 2006 and 2008. During that time, Zimmer represented their device as a safe way to offer patients greater range of motion and less wear on the implant. The company credited those bold statements with the fact that the implant was crafted of metal-on-metal components, rather than traditional ceramic components.

Unfortunately, the metal-on-metal design did not prove more durable for many patients, who suffered from loosening of the joint, severe pain and reduced mobility. In addition, friction from the parts moving against one another resulted in small metal particles from the device entering the bloodstream and surrounding tissue, a condition known as metallosis or metal poisoning. The American Academy of Orthopedic Surgeons warns patients and physicians on their website about the potential for such complications from metal-on-metal hip devices.

In this complaint, Kerby alleges that because of her hip implant complications, she has suffered limited mobility, pain and a reduced quality of life. Her spouse, Mark Kerby, is also listed as a plaintiff on the complaint, claiming his wife’s injuries have caused him to suffer the loss of her companionship and services. The two are now seeking compensatory, punitive and exemplary damages from Zimmer, in an amount exceeding $75,000.