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Class Action Lawsuit Over Zimmer Hip Replacement Filed in Canada

  • Written by: Staff Writers
  • 8 Comments

A class action lawsuit has been filed in Canada over the Zimmer Durom Cup hip replacement recall, alleging that the manufacturer ignored signs of problems with the hip implant and allowed sales to continue in Canada without adequate warnings.

The Zimmer hip replacement class action lawsuit was filed on October 27, and seeks to represent everyone in Canada who has received the Zimmer Durom Cup implant, which was first introduced in Canada in 2005.

The complaint alleges that Zimmer initially began receiving complaints about problems with the Zimmer Durom Cup as early as 2007, and while they halted sales in the United States in July 2008, sales were allowed to continue in Canada. Zimmer did not issue a safety notice in Canada until November 15, 2009, more than a year later.

The primary plaintiff in the Canadian class action suit, Eric Mets of Toronto, received the implant in October 2008, following the temporary suspension of sales in the U.S. The lawsuit alleges that Mets suffered severe pain following the procedure due to defects with the artificial hip implant and had to have further hip surgery to correct the problems.

The Zimmer Durom Cup artificial hip is a metal-on-metal implant, which was designed as a more advanced form of a hip resurfacing system. The device is designed out of a single piece of material and is supposed to avoid problems associated with traditional hip replacement components, such as instability, limited range of motion and wear of the bearing.

Shortly after Zimmer introduced the Durom Cup in the United States, concerns emerged about a high number of hip replacement failures involving the hip implant, where the component loosened and required revision surgery. A temporary Zimmer Durom Cup recall was issued in July 2008, so that modifications could be made to the product’s warnings and instructions in the United States to ensure that doctors were properly trained on the surgical techniques needed to implant the artificial hip correctly.

While Zimmer’s own estimates in 2008 suggested that some doctors in the United States experienced failure rates as high as 5.7%, more recent claims made in Zimmer Durom Cup lawsuits suggest that the artificial hip failure rate is between 20% and 30%.

In June, the U.S. Judicial Panel on Multidistrict Litigation decided to consolidate and centralize all lawsuits over the Zimmer hip replacement in the U.S. District Court for the District of New Jersey as part of a multidistrict litigation (MDL) for pretrial litigation. At that time, 45 cases had been filed in federal courts throughout the United States. However, as additional cases are filed by Zimmer Durom Cup lawyers in federal court, they will be transferred to New Jersey for coordinated handling.

It has been reported that the manufacturer has reached Zimmer Durom Cup settlements in many cases in the United States.

In recent months, a number of similar problems have surfaced in the United States with reports that other metal-on-metal hip replacements are failing earlier than expected. The use of a metal-on-metal design has been linked to an increased risk that the artificial hip may release small particles of metal into the body, increasing the risk of problems after a hip replacement or other health concerns.

In August, a DePuy ASR recall was issued for about 93,000 metal-on-metal hip replacements after it was discovered that about 12% to 13% of the individuals who received the implant had their device fail within five years. Like the Zimmer Durom Cup, a number of individuals are pursuing DePuy ASR hip replacement lawsuits in the United States, alleging that doctors expressed concerns to DePuy about a high failure rate before the recall.

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8 comments

  1. Mark Reply

    My wife had 2 Hip revisions because of a defective part on the original hip replacement. The shell lining was made by Acetabular, the Femoral head was made by Zimmer, and the Sleeve adapter was made by Homedica.

  2. Sri Reply

    I am 33, I had my hips done 3 years ago. I am still on pain meds almost everyday…I went to every type of doctor right from orthopeds to neuro surgens….everybody put their hands up.
    I had my hips done as they failed after being hit by lightning.

  3. rositta Reply

    I inquired this morning and discovered I have a Zimmer implant. The surgery was May 25, 2010 in Toronto, Canada. The hip has never performed well. Since I had my left hip done in 2004 I knew the difference. I am now 6 months post surgery and despite 3 months of serious physio therapy I am in a lot of pain. I feel the hip slip and hear clunks from time to time. The surgeon says he can’t see anything on the xray and the bone scan was inconclusive.

  4. roland Reply

    constant pain since the hip replasement (june12 2009)

  5. vince Reply

    i had my hip replaced aug 13 2008 its a zimmer durom why didnt my doc know it was a recall in the u.s 4 months prior since ive had pain down the leg across the groin and lost my house because i cant drive my dumptruck

  6. linda Reply

    I have a zimmer versys hip system had a emergency surgery so they say due to an accident. This was on 5-8-2011 comming up on 2 years and so help me I wish they would just take this leg off my body, If this was suppose to help they are allll crazy; I wish I could file a lawsuit and make them take this out and off my body

  7. jim Reply

    does anybuddy no when we go to court in Canada over these hip depuy if so pls email thank jim

  8. David Reply

    Had revision surgery day after surgery had a stroke

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