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Zimmer Durom Cup Recall, Lawsuits and Side Effects - What Is Going On?

Zimmer Durom Cup Recall, Lawsuits and Side Effects - What Is Going On?

There is a lot of information in the news today about litigation and defective Zimmer Durom Cups. So what exactly is going on? What are these cups designed for, and what are the problems?

Zimmer Durom Cups are a new artificial implant used in total hip replacement surgery. The device is manufactured by Zimmer Holdings Inc., a multinational company and one of the largest producers of orthopedic devices in the United States. Over 13,000 people nationwide have had the implants, and experts estimate that between 5-8% of these cups are defective. The defective implants fail to bond properly with the existing bone structure, and begin loosen, separate, and painfully grind against the bone as it moves.

Problems with the Durom Cups were brought to the publics' attention on April 22, 2008. A highly respected Orthopedic Surgeon, Dr. Larry Dorr, wrote a letter to his colleagues at the American Association of Hip and Knee Surgeons warning about unacceptable failure rates associated with the cups. Dr. Lawrence Dorr, reported that 14 of the 165 Durom hip systems that had been implanted at his clinic needed to be surgically revised.

On July 22, 2008, Zimmer Inc. stopped selling its Durom Hip Acetabular Component and issued a press release saying they were, "temporarily suspending marketing and distribution of the Durom Acetabular Component in the U.S. on a voluntary basis, while the Company updates labeling to provide more detailed surgical technique instructions to surgeons and implements its surgical training program in the U.S."

Rather than taking responsibility for its actions, Zimmer Inc. has attempted to shift the blame to the surgeons who were performing the procedures. This has generated a lot of controversy throughout the country.

To date, a Durom Cup Recall has not been issued. People who have had a Zimmer Durom Hip Implant could experience problems with loosening and may need additional surgeries because of the company's negligence. These additional surgeries can range from $30,000 to $40,000.

Realizing their significant exposure, Zimmer Inc. has begun an aggressive legal maneuver and attempted to contact patients directly and obtain releases of liability from them. Signing such a release can have serious legal consequences. You should always consult with an attorney before signing such a document, as you may be giving up your legal rights to sue, and may expose yourself to legal liability from your heath insurer or Medicare (subrogation).

This article should not be considered legal advice. This information is provided as a public service.


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