Zimmer Hip Replacement Lawsuit in 2025 (Latest Updates)

Complimentary Private Legal Consultation: Should you or someone close to you experience issues post-hip replacement operation, it’s imperative to get in touch with our legal team without delay. You might qualify for financial restitution by initiating a lawsuit, and our attorneys are here to assist.

• The FDA’s September 2024 warning highlighted an increased risk of thigh bone fractures associated with Zimmer Biomet’s CPT Hip System, leading to a voluntary recall by the company.
• Over 300 lawsuits have been filed against Zimmer Biomet, with significant settlements totaling approximately $314 million, reflecting the severity of complications experienced by patients.
• As of November 2024, the litigation process continues, with a few unresolved cases and deadlines approaching for joining settlement discussions or trial proceedings.
•  Patients have reported severe complications, including metal poisoning and reduced mobility, leading to substantial legal actions and financial settlements.
• Zimmer Biomet has acknowledged the issues by initiating recalls and participating in settlement negotiations, indicating a response to the widespread concerns over their hip replacement products.

Update: FDA Warns of Increased Thigh Bone Fracture Risk with Zimmer Biomet CPT Hip System

September 17, 2024 – The U.S. Food and Drug Administration (FDA) is warning patients and healthcare providers about an increased risk of thigh bone fracture after surgery (postoperative periprosthetic femoral fracture) involving the use of a Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper (CPT Hip System) [3].

FDA issued the warning based on information the Medicines and Healthcare products Regulatory Agency (MHRA) released on September 4, 2024, which found that “… patients with the CPT Hip System have the highest risk of fracture around the thigh bone at approximately 1.4%, and similar PTS Hip Stems have fracture rates ranging from approximately 0.6% to 1%” [4].

In July 2024, Zimmer Biomet updated its instructions for the use of the CPT Hip System due to an increased risk of thigh bone fracture. The company also announced plans to phase out the sale of the implant by the end of the year.

However, the FDA has concerns about the Zimmer CPT Hip System continuing to be implanted in new patients, and the agency is working with the manufacturer to address these concerns.

Zimmer Hip Litigation Updates

To date, Zimmer has paid approximately $400 million to settle lawsuits over injuries linked to the company’s Durom Cup, and cases continue to be filed over product liability, patent litigation, and commercial litigation. Experts estimate that Zimmer will eventually be forced to pay hundreds of millions more to settle these cases.

Recent court verdicts relating to Zimmer hip implants include:

• $3.55 million in 2020 – An Iowa jury awarded $3.55 million to a plaintiff and her husband for injuries caused by Zimmer’s metal hip implant, which the court found was defectively designed.
• $21 million in 2020 – Courts awarded a St Louis plaintiff $20 million for severe tissue damage caused by a failed Zimmer implant, and her husband was awarded a million in a loss of consortium claim.
• $7.68 million in 2019 – In a retrial for damages, the court awarded a plaintiff $3.6 million in non-economic losses to account for future suffering.

Zimmer Hip Complications

In lawsuits filed against Zimmer Biomet, plaintiffs allege that they have suffered injuries including:

• Hip replacement loosening and separation, requiring revision surgery
• Inflammation and other adverse reactions in the tissue around the implant
• Loss of bone due to inflammation relating to debris build-up
• Metallosis (metal poisoning from metal-on-metal implants)
  Pain
• Trunnionosis (wear of the femoral head-neck interface)

Types of Zimmer Hip Replacements

Zimmer Biomet offers a range of hip replacement implants designed for different surgical needs and patient anatomies. Each type has unique features, but some models have faced challenges and recalls due to complications.

Here’s a look at several Zimmer hip replacement systems:

• Zimmer Durom Acetabular Component: This metal-on-metal (MoM) implant is used for both MoM resurfacing and total hip replacements. In 2008, Zimmer suspended the Durom Cup’s marketing after discovering a higher-than-expected revision rate, advising surgeons to stop using it.
• Zimmer G7 Dual Mobility Construct: A modular implant intended for uncemented applications, the G7 offers surgeons flexibility in joint stabilization with a variety of shell, fixation, and bearing options to achieve stability in total hip arthroplasty (THA).
• Zimmer Arcos One-Piece Femoral Revision System: This system provides surgeons with three titanium femoral stem options tailored to patient anatomy. Approved by the FDA in 2015, the Arcos system is based on Zimmer’s earlier Modular Hip System from 2010, allowing customizable components for hip revision surgeries.
• Zimmer Echo Bi-Metric Microplasty Stem: Designed as a shorter version of the Bi-Metric family of hip prostheses, the Echo Bi-Metric Microplasty stem is about 30% shorter than its predecessors. This shorter length aims to conserve more natural bone and facilitate minimally invasive procedures.
• Zimmer Continuum Acetabular System: Combining Trabecular Metal Technology with advanced bearing options, the Continuum System adapts to varied anatomical structures and bone qualities, providing flexibility to meet each patient’s specific needs.

According to a 2013 study from the National Center for Biotechnology and Information, a single patient was lost to follow-up.

At the last follow-up, 16 patients had died, and six were contacted and had not required revision surgery; the remaining 52 patients (59 THAs) were re-evaluated, and none had evidence of loosening. The Harris hip score at the last evaluation was 91.6 compared to 60.5 preoperatively [1].

As specified in a study from the National Institute of Health in 2019, no hips had evidence of acetabular osteolysis. For two hips, the radiographs showed complete acetabular radiolucent lines less than 2mm in width, with no mobilization. Trabecular distribution was homogeneous, with no stress shielding.

The mean annual rate of wear was 0.08mm. There were no instances of femoral component loosening; granulomas involving no more than five Gruën zones were seen in three cases [2].

Judge Awards $2 Million Verdict in Defective Hip Implant Lawsuit

Zimmer Inc. has been ordered to pay more than $2 million to a New Mexico man for a defective hip implant with an “unreasonably dangerous design,” following a 2-week bench trial.

According to the lawsuit, Plaintiff Michael Brian McDonald underwent hip replacement surgery in June 2010 with Zimmer’s dual modular hip implant, the M/L Taper Hip Prosthesis with Kinectiv Technology (“MLTK”) and a cobalt-chromium head.

Less than a year after surgery, McDonald began suffering from hip and groin pain and loss of flexibility. As a result of these problems, he was forced to undergo 2 corrective surgeries, during which the doctor implanted two new prostheses and replaced the cobalt-chromium head with a ceramic head, according to the lawsuit.

Judge Nan G. Nash ruled that the defective design and insufficient testing of the Zimmer hip implant caused McDonald severe, potentially irreversible harm, including “metallosis“, a type of metal poisoning that occurs when the metal joints rub against each other and shed tiny ions into the tissues and bloodstream.

It is more probable than not that Plaintiff will need a third, more complicated revision surgery in the future,  Judge Nash wrote. This surgery will cost approximately $250,000 and will involve removal of all of the implant components for a period of 2-3 months to try and kill the infection, during which Plaintiff will be wheelchair bound.

In determining the $2.027 million in damages, Nan awarded $1 million for pain and suffering, $480,000 for lost enjoyment of life, and the rest for past and future medical expenses, lost household services, and out-of-pocket expenses.

Evidence Documentation Guide

When pursuing a Zimmer hip replacement lawsuit, gathering and maintaining comprehensive documentation is crucial.

Here’s a checklist of the necessary evidence:

Required Medical Records

Medical records are key to establishing your case’s validity and showing the impact of the implant. Some of them include:

• Surgical Records: Documentation of the hip replacement surgery, including the type of implant used.
• Follow-Up Visits: Records from all follow-up appointments post-surgery.
• Diagnostic Tests: Results from X-rays, MRIs, or CT scans that show complications or implant failure.

Proof of Implant

Verifying the implant used in your surgery is critical for identifying liability.

You can prove it by providing:

• Implant Identification: Documentation proving the specific model and serial number of the Zimmer hip implant.
• Manufacturer Information: Any correspondence or literature from Zimmer regarding the implant.

Symptom Documentation

Tracking symptoms can highlight the implant’s impact on your daily life and health; it can also be used as evidence when you file your claim.

This is why you should always provide the following:

• Symptom Diary: A log detailing the onset, frequency, and severity of symptoms (e.g., pain, instability).
• Medical Assessments: Reports from healthcare providers regarding symptoms and their impact on daily life.

Medical Expenses

Comprehensive records of all related medical costs demonstrate the financial toll of the implant complications.

These include:

• Bills and Receipts: Itemized statements for all medical treatments related to the hip implant, including surgeries and rehabilitation.
• Insurance Claims: Copies of claims submitted to insurance companies for complications-related treatments.

Lost Wages Documentation

Lost income due to medical issues can contribute to your damages and increase your compensation. Documents you will need to prove that include:

• Pay Stubs: Documentation showing income before and after the complications arose.
• Employer Statements: Employees’ Letters or forms detailing time off work due to medical issues related to the implant.

What to Expect in the Legal Process?

Filing a lawsuit against Zimmer Biomet involves a structured legal process with several important stages.

Here’s what to expect:

• Initial Consultation:
  Meet with a product liability attorney to discuss your case. They will assess your eligibility for a lawsuit based on medical records and the complications you’ve experienced.
• Case Evaluation:
  Your attorney will review your records, assess the case strength, and outline possible outcomes and strategies for moving forward.
• Filing Process:
  If you proceed, your attorney will file a complaint with the court detailing your claims and the damages you seek.
• Discovery Phase:
  Both sides exchange evidence, including medical records and testimonies. Discovery may involve:
  • Interrogatories: Written questions from one party to the other.
  • Requests for Documents: Medical records, communication logs, and more.
  • Depositions: Sworn testimony from witnesses.
• Settlement Negotiations:
  After discovery, your attorney may negotiate a settlement with Zimmer Biomet. Settlements often provide faster compensation and avoid the unpredictability of a trial.
• Trial Proceedings:
  If no settlement is reached, the case proceeds to trial, where both sides present their evidence. A judge or jury will decide liability and compensation.

This guide provides essential documentation requirements and outlines what individuals can expect during the legal process related to Zimmer hip replacement lawsuits.

FAQs

What is the typical duration of a Zimmer hip replacement lawsuit?

The duration can vary widely depending on the complexity of the case, the court’s schedule, and whether the case is settled out of court or goes to trial. It could take anywhere from several months to a few years.

Can I join an existing class-action lawsuit for Zimmer hip replacements?

Yes, if a class-action lawsuit has been filed and you meet the criteria, you may be able to join. Your attorney can help determine if joining a class-action lawsuit is appropriate for your situation.

How can I prove that my complications were caused by the Zimmer hip replacement?

Medical records, expert testimony, and documentation of symptoms and treatments can help establish a link between the implant and your complications. Your attorney will help gather and present this evidence.

How long do I have to file a claim?

The timeframe for filing a claim, called the statute of limitations, varies by state. Generally, it ranges from 1 to 3 years from the injury date or the complication’s discovery. Consult with an attorney to determine the specific deadline in your state.

What compensation can I expect?

You can expect compensation for medical expenses, lost wages, pain and suffering, and other damages. The amount depends on the severity of complications, costs incurred, and state laws, so discuss with your attorney for an estimate based on your circumstances.

Can I still get the implant removed?

Yes, you can get the implant removed if your doctor determines that removal is medically necessary, you can have the implant removed and replaced. Contact your healthcare provider for guidance on the procedure, especially if you’re experiencing severe symptoms.

Will insurance cover revision surgery?

Insurance coverage for revision surgery varies by provider and policy. Most policies cover medically necessary procedures, so consult your insurer to understand what’s included and confirm any out-of-pocket costs.

How do I get my medical records?

You can get your medical records directly from the healthcare provider or hospital where you were treated. Complete a release form and, if needed, pay a small fee for copies. Your attorney may also assist you in obtaining these records for your case.

Related Articles:

• Zimmer Durom® Hip & Knee Implants
• Wright Conserve Hip Lawsuit

See all related medical device lawsuits our attorneys covered so far.

Do I Have a Zimmer Hip Lawsuit?

The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in hip replacement lawsuits. We are handling individual litigation nationwide and are currently accepting new hip injury cases in all 50 states.

Free Case Evaluation: Again, if you have hip replacement complications, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9607025/
3. https://www.fda.gov/medical-devices/safety-communications/zimmer-biomet-cpt-hip-system-femoral-stem-and-increased-risk-thigh-bone-fracture-fda-safety
4. https://www.gov.uk/drug-device-alerts/cpt-hip-system-femoral-stem-12-slash-14-neck-taper-increased-risk-of-postoperative-periprosthetic-femoral-fracture-dsi-slash-2024-slash-007#fn:1