Law & Legal & Attorney Accidents & personal injury Law

Should I File a Zimmer Durom Cup Lawsuit?

The Zimmer Durom Cup is a component of a hip replacement. Hip replacements are implanted to patients who have their natural hips so damaged they can no longer perform usual movements without pain or discomfort. The natural hip is a ball and socket joint. The artificial device is similar to that, being composed from a metal part placed at the top of the femur and an acetabular cup. The components are attached to the surrounding bone tissue with the help of bone cement.
The Zimmer Acetabular Cup has been approved by the FDA in 2006. It was recommended as a less destructive option, considering that less bone tissue has to be removed in order to position the implant. Besides that the manufacturing company promised patients more stability and a greater range of motion. Following its approval the acetabular cup has been implanted to more than 12,000 patients.
Hip implant surgeries are quite common in the U.S. they are performed each year to around 300,000 patients, most of them elderly. The surgery only takes 2 to 4 hours and has a high success rate, but the recovery period is much more difficult. Besides the obvious pain generating from bone tissue removal, patients will be unable to move. They will require several months to learn how to walk, sit down or stand up or how to drive a car. The good part is that once the recovery completed, they should be able to perform everyday movements without further pain and their implants should work properly for at least 15 years.
However the patients implanted with a Zimmer Durom Cup had a very unpleasant surprise. They were experiencing implant failure as soon as three months after surgery. In fact they never recovered from the surgery because the device failed to bond with the surrounding tissues. The pain was worse than before surgery, so the implant had to be removed and replaced. The failure reports were so high that the manufacturing company conducted a search regarding the situation. Initially they established the source of the problem was the surgeons' lack of experience, but that suspended the sales. The device is no longer available on the market, but officially it has never been recalled. Unfortunately this brings no comfort for injured patients. They had to endure a second, more painful and more complicated surgery, followed by months of recovery, not to mention the costs of the surgery and the lost income during recovery. Since there was no official recall, the company will not offer any compensation, unless they have to. Injured patients have only one chance: to file a product liability lawsuit. In order to do so they should contact a personal injury attorney as soon as possible. During an initial case evaluation they can present the circumstances of the case and the attorney will establish whether there is a legal claim and the company can be held responsible or not.


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