Zimmer Durom Hip Cup: Failure and Liability


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Medical implants or prosthesis—such as joint replacements—are not usually thought of as “consumer products.” However, legally they are—and are subject to the same consumer protection and product liability laws as any other consumer product.

 One medical implant that has been causing problems is the Zimmer Durom cup, a type of artificial hip joint used in hip replacement surgery. Durom cup failure is uncomfortably common; the device seems to not infrequently fail to bond to the surrounding bone, resulting in a hip joint that’s not attached to anything. The result? Pain, disability, and the need for additional surgical procedures.

Liability of Manufacturer

As mentioned above, medical devices are subject to the same laws as any other product. That means that if the device fails owing to bad design or bad manufacturing—and according to one leading orthopedic surgeon, the durum cup is a bad design—the manufacturer is liable for the injuries or damages it causes. That includes pain, suffering, medical costs, and lost wages, for example.

Legal Action to Take in Case of Injury

If you or a loved one had a hip replacement and are now having trouble with it, if it was the Zimmer Durom Hip Cup that was implanted, you will be able to bring a claim against the manufacturer (Zimmer). There may also be orthopedic surgeon liability, too; while the surgeon would not be liable for innocently and professionally implanting what was believed to be a good product, if at the time of the surgery, the surgeon knew or should have known of the durum cup’s issues, he or she may be liable. (The surgeon may also be liable if afterwards, he or she did not take patient complaints seriously and the patient suffered additional injury from the doctor’s failure to act.)

When to Talk to a Lawyer

A lawyer can evaluate your case and let you know whether you have a claim against the prosthesis’ manufacturer, the orthopedic surgeon, or both. As part of that evaluation, the attorney can let you know what your claim might be worth, so you can make an informed decision as to whether to pursue it. And if you do go decided to go ahead, the lawyer is your advocate, pushing to make sure that you receive the compensation for your pain, suffering, and costs that you deserve and the law says you are entitled to.

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