Another Zimmer Hip Replacement Failure
Another consumer has had to undergo revision surgery due to the failure of his Zimmer Durom Hip Cup implant. The surgery was performed to correct a Zimmer hip replacement that failed to perform as promised by the manufacturer Zimmer Inc. Plano resident Victor Barakat underwent revision surgery in April 2009, after enduring pain due to the loose hip implant for almost three years.
According to the plaintiff the Zimmer hip replacement failed to incur a permanent fixation to the bone through in-growth as the manufacturer advertised. Barakat filed suit in the Marshall Division of the Eastern District of Texas, on March 10, against both Zimmer Inc. and Zimmer Holdings. The causes of action being filed against the named manufacturers include failure to warn, design defect, marketing defect, manufacturing defect, negligence, negligent misrepresentation, breach of implied warranty.
Hip Implant Patient Asks For Punitive Damages
Barakat is also asking to be awarded punitive damages, he is arguing that the defendants were aware of the “extreme degree of risk caused by the defects in the Durom Cup, but preceded with conscious indifference to the rights, safety, and welfare of others, namely Plaintiff.” Barakat’s argument says the hip implant does not meet the specifications and guidelines of the U.S. Food and Drug Administration.
He claims the defendants used “unconscionable commercial business practices” and concealed material facts about the hip implant. In July 2008, Zimmer Holdings announced a suspension of sales of the Durom cup. The company said it would be training doctors in best practices for the hip implant. Zimmer Holdings admitted that a low percentage of their 13,000 patients with hip implants of the Durom Cup would need replacement surgery.
Some doctors, familiar with the device, believed at the time, the revision surgeries would total many more than Zimmer expected. Had the Durom cup patients lived in a country such as Australia, Britain, or Norway, where artificial joints are tracked by national databases, fewer patients would have suffered. The United States lacks a joint registry for tracking how patients fare with artificial hips and knees.
Zimmer Hip Replacement Study Failure
The fact that the U.S. does not have a joint registry effectively doubles the number of patients that will require a replacement procedure. A recent study of 181 patients (207 hips) who had a Zimmer Durom Metasul acetabular component ( Zimmer Durom cup) with large-diameter articulation implanted between May 2006 and November 2007 showed an abnormally high rate of revision surgery required.
With a minimum follow up of 1 year (mean, 1.6 years; range, 1-2 years) the study showed that 29 patients (30 hips) of the 181 (207 hips) required revision surgery or 15%. Of the 30 Zimmer hip replacements that required revision surgery, 21 were replaced due to loosening of the cup, 72%.
Twenty-eight of the 151 unrevised patients had radiographic impending failure. That would eventually push the failure rate to close to 30 per cent. The report concluded about the success of the Durom cup, “The revision rate and quality of clinical results were unacceptable as compared with our historical controls. We do not recommend use of the Durom implant.” For more information on the Zimmer Durom cup click here Zimmer hip replacement.
If you or a loved one has had a Zimmer Durom cup implanted and you are suffering pain and discomfort, contact us at The Law Offices of Nadrich & Cohen, we can help you.