Litigation

Man Sues Zimmer For Selling Allegedly Defective Artificial Hip

LOUISVILLE, Ky. - Wendy R. Fleishman of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein LLP and Philip Grossman of the Louisville, Ky., law firm of Grossman & Moore PLLC announced that Mark Kevin Nunn on June 11 filed a lawsuit against Zimmer Inc., the nation's largest producer of orthopedic devices (Mark Kevin Nunn v. Zimmer Holdings Inc. and Zimmer Inc., No. 3:10-cv-00417-CRS, W.D. Ky., Louisville Div.).

They said Nunn, 44, suffered constant and devastating pain for more than two and a half years and was forced to undergo a second hip replacement surgery in April 2010 due to a defective hip implant manufactured and sold by Zimmer as the Durom Cup.

The Durom Cup was first sold in the United States in 2006, and was implanted in more than 12,000 patients over a two-year period. The complaint estimates that the failure rate of the Durom Cup so far is between 20 percent and 30 percent. The true failure rate will ultimately be much higher as doctors and their patients come to realize that their implants are failing.

In July 2008, one year after Nunn received his Durom Cup, Zimmer issued a "temporary suspension" of sales of the Durom Cup device because of the unacceptable failure rate.

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.

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.

The lawsuit was filed in the U.S. District Court for the Western District of Kentucky in Louisville.

Lieff Cabraser represents persons across America injured by defective medical devices, including the Zimmer Durom Cup.

Download the complaint.