Zimmer Durum Cup Lawsuit: Fall 2010 Status Of Litigation

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Zimmer Durom Cup hip prosthetic devices have been associated with a high failure rate compared to the European and Canadian counterparts manufactured by the same company. Zimmer Durom Cup lawsuits have been filed against the manufacturer and many are now in the discovery phase. Here’s an update on the litigation:

Zimmer Durom Cup Hip Replacement: Litigation Update

Zimmer voluntarily suspended sales of its Durom Cup earlier this year to determine why the American failure rate was so high – an astonishing 5.7%. What Zimmer has tried to conclude – and push upon the litigants – is that these cups were no different than those sold in Europe and Canada. The company also said that some of the surgeons who have been using these cups needed to be specifically trained. However, Zimmer Durom Cup attorneys call that a bunch of hogwash. They say that the doctors they deal with are seasoned pros who have done hundreds of hip replacements.

In response to the Zimmer’s suspending sales of its Durom Cup Hip Replacement, the American Association of Justice (AAJ) has formed a litigation group and just had a meeting on these products in Canada at the AAJ Convention. There are periodic phone calls between the various attorneys across the country sharing ideas, sharing discovery, mining experts, etc.

Although there have been a number of Zimmer Durom Cup Hip Replacement lawsuits filed, very few have gotten through some of the discovery phases. However, what has been discovered is that there are two basic problems with the Zimmer Durham Cup compared to other hip prosthesis designs.

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Zimmer Durom Cup Lawsuit: Two Major Flaws Discovered

Zimmer Durom Cup lawyers say that the following two major flaws have been discovered about this defective hip replacement medical device:

  1. There is an equatorial fin that goes around the circumference of the ball. That fin precludes the biodynamic joining of the prosthesis with the human tissue.
  2. There is a different coating that is required on these American counterparts compared to the European and Canadian designs.

Those two flaws will play a large part in the Zimmer Durom Cup litigation as it proceeds forward.

Zimmer Durom Cup Injuries: Lawsuits, Settlements & Mediation

Zimmer has offered people minimal settlements. However, here’s where an experienced Zimmer Durom Cup attorney can help. The attorney would submit all the records and films to Zimmer and Zimmer would either respond with an offer. However, that offer could be lower than what was initially offered. In the alternative, Zimmer Durom Cup attorneys say that what’s more likely happening is that many people chose to go mediate these cases early on.

Some of the mediations have been successful; some have not. Zimmer is trying desperately to keep the lid on these settlements as they don’t want to pay significant dollars. Unfortunately, some attorneys have gone around and settled cases cheaply, while others believe that litigation may be a better – and more prosperous – solution for injured victims.

If you’ve been injured by the Zimmer Durom Cup and/or had to have revision surgery, contact an experienced Zimmer Durom Cup attorney to discuss your individual situation, determine which method of recovery might work best for you and find out the types of damages for you might be entitled.

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