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NASHVILLE, Tenn. - Mark P. Chalos from the Nashville office of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein LLP, announced that on May 20, Walter Thomas filed a lawsuit in federal court in Nashville against Zimmer Inc., the nation's largest producer of orthopedic devices (Thomas, et al. v. Zimmer Holdings Inc., et al., No. 3:10cv492, M.D. Tenn. [Nashville]).
Thomas alleges that he has suffered excruciating pain for months, multiple hip dislocations, two revision surgeries, and has been left with a potentially permanent limp due to a defective hip implant manufactured and sold by Zimmer as the Durom Cup.
According to the complaint:
The Durom Cup was first sold in the United States in 2006, and implanted in more than 12,000 patients over a two-year period. The complaint estimates that the failure rate of the Durom Cup has been between 20 percent and 30 percent and the true failure rate will likely be much higher as more of these medical devices fail in patients over time. The true number of failures may not be known for a few more years, as doctors and their patients come to realize that the implants are failing.
A "metal-on-metal" implant, such as the Durom Cup, is not cemented or screwed in place during implantation. Instead, it was designed to bond naturally 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.
"Despite warnings from leading orthopedic surgeons, Zimmer continued to aggressively market the Durom Cup in 2007 and into 2008, blaming surgeons for the growing failure rate," explained Chalos.
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 has refused to issue a recall notice in accordance with procedures established by the Food and Drug Administration.
Lieff Cabraser represents persons across America injured by defective medical devices, including the Zimmer Durom Cup. Its Zimmer Durom Cup injuries legal information page is at http://www.personalinjurylawyeramerica.com/medical/zimmer-durom-hip-recall.htm.
Download the complaint here.