LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
WEST PALM BEACH, Fla. — Wendy R. Fleishman of
the national plaintiffs’ law firm Lieff
Cabraser Heimann & Bernstein LLP announced March 11 that Todd Lovelace
and Christine Walker have filed separate personal injury lawsuits against Zimmer
Holdings, the nation's largest producer of orthopedic devices.
Lovelace and Walker seek respective dam ges against Zimmer for multiple
surgeries and debilitating injuries they said they suffered because of the
allegedly defective Durom Acetabular Component, an artificial hip socket known
as the Durom Cup, which is manufactured and sold by Zimmer. First on the U.S.
market in 2006, the Durom Cup was implanted in 12,000 patients.
According to the lawsuits:
Lovelace, a 45-year-old truck driver from Elizabethtown, Ky., received a
Zimmer Durom Cup in May 2008 as part of hip replacement surgery on his left hip.
After months of great pain, agony, difficulty walking and bearing weight, he was
compelled to undergo a second surgery to remove the defective cup in December
In December 2007, the Durom Cup was implanted in Walker, a 53-year old former
registered nurse from West Palm Beach, Florida. She too suffered months of great
pain and agony, necessitating her to stop working. In December 2008, her Durom
Cup was removed.
A "metal-on-metal" implant, the failures of which were recently profiled in a
York Times article published March 4, 2010, the Durom Cup was not cemented
or screwed in place during implantation. Instead, it was designed to bond to the
patient’s hip bone.
After the product was introduced in the United States, Zimmer began receiving
complaints from physicians that its Durom Cup was failing.
In July 2008, Zimmer announced that it was temporarily suspending the sales
of the Durom Cup in the United States. In its announcement, Zimmer stated that
the suspension was necessary "while the Company updated labeling to provide more
detailed surgical technique instructions to surgeons and implements its surgical
training program in the U.S."
Zimmer denies any "evidence of a defect" with the Durom Cup and, to date, has
refused to issue a recall notice in accordance with procedures established by
the Food and Drug Administration.
Walker’s lawsuit was filed March 11 in federal district court in West Palm
Beach, Fla. Lovelace’s lawsuit was filed in federal district court in
Louisville, Ky., on Feb. 26, 2010.
Lieff Cabraser represents persons across America injured by defective medical
devices, including the Zimmer Durom Cup. For more information, visit http://www.personalinjurylawyeramerica.com/medical/zimmer-durom-hip-recall.htm
or call 1-800-541-7358 and ask to speak to attorney Heather Foster.
Lieff Cabraser Heimann &
Bernstein LLP is a 60-plus attorney law firm that has represented plaintiffs
nationwide since 1972 and has offices in San Francisco, New York, and Nashville,
Tenn. For more information, visit www.lieffcabraser.com.