Wednesday, February 11, 2009

Lawsuits Filed for Faulty Durom Cups

By Maxwell Schmickman

Zimmer Holdings, Inc., the world's largest manufacturer of orthopedic devices, introduced its Durom Cup Hip Implant in 2003 in Europe. Three years later, in 2006, it was approved for use in the United States. From the onset, however, U.S. procedures were plagued with problems. Within the first two years of its use, 12,000 of the devices were implanted, and within a few months, many of them began to fail. In an attempt to explain the numerous surgical failures, doctors finally that the Durom Cup is a defective product.

In most U.S. states, laws are in place to help patients who suffer due to defective prosthetic devices. The laws are designed to compensate them for pain, medical expenses, and the loss of wages caused by their problems with orthopedic procedures resulting from a malfunction of a prosthetic device. Zimmer, while not admitting to producing an inferior product based on its success rate in Europe, voluntarily pulled the cup from the U.S. markets in July, 2008 pending further investigation.

By using Google to search the Internet for "Zimmer Durom Cup Lawsuits" you can find many websites of attorneys who feel that patients have a case against Zimmer and offer to help them file lawsuits. The number of implant failures continues to grow, and these attorneys who have taken it upon themselves to become involved truly believe that Zimmer is at fault. Physicians tend to agree and estimate that hundreds of the devices will fail within the next few years.

Some physicians have performed exploratory surgeries to try and determine what is causing their patients so much trouble. In some cases they have discovered that the cup has become so loose in the socket that it just pops out when touched. In other cases, the entire device has been found to have migrated a short distance away from where it should be located. Since the device has reputedly been so successful in Europe, Zimmer continues to deny any wrongdoing. Even so, physicians have estimated that almost 6% of the Durom Cup implants will fail and need revision within the next few years.

Zimmer stockholders take the position that Zimmer should have announced a suspension of U.S. sales before January 22, 2008 instead of waiting until July. Because of this belief, they have filed a class action lawsuit in Indiana requesting damages for those investors who purchased stock between January 22 and July, 2008 when the product was finally pulled from the market.

Zimmer still pleads its case that its Durom Cup is not to blame for the surgical failures in the United States. Instead they contend that physicians did not receive adequate training for doing the procedure. Even so, in October, 2008, Zimmer announced that it had reserved $47.5 million to pay claims won in lawsuits against it. In July it was shown that the failure rate of cup implants could be as high as 5.7%. Zimmer states that this money is not being reserved for all patients and revisions but only for "revisions associated with surgeries that predate the company's voluntary suspension and which also occur within two years of the original surgery date." The resolution of this problem remains to be seen. - 15683

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