Monday, May 25, 2009

Lawsuits are Pending against the Zimmer Durom Cup

Lawsuits are Pending against the Zimmer Durom Cup

by Maxwell Schmickman

Zimmer Holdings, Inc., the world's largest manufacturer of orthopedic devices, introduced its Durom Cup Hip Implant in 2003 in Europe. Three years later, in 2006, it was approved for use in the United States. From the onset, however, U.S. procedures were plagued with problems. Within the first two years of its use, 12,000 of the devices were implanted, and within a few months, many of them began to fail. In an attempt to explain the numerous surgical failures, doctors finally that the Durom Cup is a defective product.

Most states within the U.S. have laws designed to help patients who incur pain and suffering caused by defects in prosthetic devices. Per these laws, patients are entitled to compensation for their pain, medical expenses, and lost wages if it can be proven that a defective implant was to blame for their problems. Although Zimmer still stands fully behind its device based on its track record in Europe, it voluntarily pulled the product from the American market in July, 2008 in order to develop better training methods for doctors who insert the implants.

If you perform a search on the Internet for "Zimmer Durom Cup Lawsuits", you will find a host of attorneys who are looking to help file lawsuits against Zimmer on behalf of patients. As the number of cases of implant failures continues to grow, these attorneys have done their research and believe that they can file successful individual or class action lawsuits against the manufacturer.

Some physicians have performed exploratory surgeries to try and determine what is causing their patients so much trouble. In some cases they have discovered that the cup has become so loose in the socket that it just pops out when touched. In other cases, the entire device has been found to have migrated a short distance away from where it should be located. Since the device has reputedly been so successful in Europe, Zimmer continues to deny any wrongdoing. Even so, physicians have estimated that almost 6% of the Durom Cup implants will fail and need revision within the next few years.

Zimmer stockholders take the position that Zimmer should have announced a suspension of U.S. sales before January 22, 2008 instead of waiting until July. Because of this belief, they have filed a class action lawsuit in Indiana requesting damages for those investors who purchased stock between January 22 and July, 2008 when the product was finally pulled from the market.

Zimmer is still taking the position that its product is not defective. Instead they believe that the inadequate training given to physicians prior to performing the procedure is to blame. With this in mind, Zimmer announced in October, 2008 that it would be setting aside $47.5 million in order to pay off lawsuits resulting from the surgical failures referring to a July report which said that as much as 5.7% of the surgeries could require revision. This fund has been earmarked to pay for "revisions associated with surgeries that predate the company's voluntary suspension and which also occur within two years of the original surgery date.

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