$9.2 Million Hip Implant Verdict Against Zimmer
UPDATE: The trial judge later granted a remittitur to Zimmer, ruling that the jury verdict was excessive. The plaintiff declined the trial judge’s remittitur award of $828,153 and elected to appeal. In 2018 a California appeals court panel, while upholding the jury’s liability verdict against Zimmer, granted a new trial on appeal, ruling that the jury’s damages award excessive.
Published on July 28, 2015
A California state court jury has awarded $9.2 million dollars to a man who received Zimmer’s Durom Cup metal-on-metal hip implant in 2007 and was forced to have it surgically removed 15 months later. Gary Kline, age 59, presented evidence that his doctors performed two traumatic surgeries in 15 months in an attempt to repair the scar tissue and nerve damage caused by the Durom Cup implant, but ultimately it had to be removed. Thornton Law Firm is accepting Zimmer hip implant cases nationwide. If you had a defective metal-on-metal hip implant call the Thornton Law Firm hip implant team at 888-341-1405 or tell us your story using our online contact form.
Zimmer’s Durom Cup, also known as Durom Acetabular Component, was marketed to younger hip implant recipients with claims that the metal cup would last longer than older ceramic hip implants. The Durom Cup is a monoblock cup made from a single piece of cobalt chromium alloy metal. Once implanted, it was supposed to become fixed to the hip joint by the bone growing onto the back of the cup. When bone growth does not occur, the cup rubs against the bone, causing both excruciating pain and the very scar tissue and nerve damage that Mr. Kline endured. Unfortunately, like other metal-on-metal implants, the Durom Cup can generate high levels of metal in the body, leading to metallosis, tissue damage, and damage to the bone.
Zimmer’s Durom Cup was approved by the FDA for use in total hip implants in 2006. But problems surfaced soon thereafter, and Zimmer actually withdrew the hip implant from the market in 2008. The July 2008 recall was brief as Zimmer said it was recalling the devices “because the instructions for use/surgical technique instructions were inadequate.” The FDA also initiated a Class 2 recall of 19,014 products in September of that year; that recall was terminated in October of 2009. Zimmer resumed selling the Durom Cup hip implant after updating the product label and instituting a training program for surgeons.
Zimmer Durom Cups and all other metal-on-metal hip implants can cause a host of complications including allergic reactions, pain, scarring, metallosis, infections, revision surgery, or even death. If you or a loved one suffered any complications after receiving a metal hip implant, call the medical device team at Thornton Law Firm which specializes in helping patients nationwide who have been injured by defective medical devices. For a free, confidential evaluation of your legal rights, contact us at 888-341-1405 or tell us your story here. All legal claims have short, strictly enforced time limits for filing a claim; do not delay seeking legal advice.