If you or a loved one experienced metal poisoning or any other complications from a Zimmer hip replacement, you may be entitled to pursue compensation.
We are dedicated to helping individuals who have suffered. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
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].
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 adverse reactions: In the tissue around the implant
- Bone loss: Due to inflammation relating to debris build-up
- Metallosis: Metal poisoning from metal-on-metal implants causing pain and tissue damage
- Trunnionosis: Wear of the femoral head-neck interface leading to additional complications
Do You Qualify for a Zimmer Hip Replacement Lawsuit?
You may qualify for a Zimmer Hip Replacement lawsuit if:
- You received a Zimmer hip implant, such as the CPT Hip System, Durom Cup, or other Zimmer Biomet hip replacement device
- You experienced complications such as metallosis, implant loosening, device failure, or bone fractures
- You required revision surgery to remove or replace the defective implant
- You can provide medical documentation linking your injuries to the Zimmer hip replacement
Evidence Required for a Zimmer Hip Replacement Lawsuit
When pursuing a Zimmer hip replacement lawsuit, gathering and maintaining comprehensive documentation is crucial:
Required Medical Records:
- 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:
- 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:
- 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
Damages You Can Recover
You can expect compensation for:
- Medical expenses: Past and future medical treatments related to the hip implant, including surgeries and rehabilitation
- Lost wages: Income lost due to inability to work and reduced earning capacity
- Pain and suffering: Physical discomfort and emotional distress
- Additional compensation: May include household services, out-of-pocket expenses, and in some cases, punitive damages
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. 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.- Nan G. Nash, Judge on The McDonald Case
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.
Zimmer Hip Replacement Recall Information
Zimmer Biomet produces various hip implants, some linked to complications:
- Durom Acetabular Component: Suspended in 2008 due to high revision rates.
- G7 Dual Mobility Construct: Modular implant for joint stabilization.
- Arcos Femoral Revision System: FDA-approved in 2015 for customizable hip revision surgeries.
- Echo Bi-Metric Microplasty Stem: 30% shorter for minimally invasive procedures.
- Continuum Acetabular System: Uses Trabecular Metal Technology for bone adaptability.
Statute of Limitations for Zimmer Hip Replacement Lawsuits
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, as missing this window could forfeit your right to compensation.
FAQs
1. 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.
2. 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.
3. How long do I have to file a claim?
The timeframe for filing a claim 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. What are the major settlement amounts in Zimmer hip cases?
The major settlement amount in Zimmer hip cases to data is approximately $400 million to settle lawsuits over injuries linked to the company’s Durom Cup. Recent court verdicts include $3.55 million (2020), $21 million (2020), and $7.68 million (2019) for various cases involving defective Zimmer hip implants.
9. What steps should I take if I suspect problems with my Zimmer hip implant?
If you suspect problems with my Zimmer hip impant you should your orthopedic surgeon immediately if you experience symptoms such as pain, swelling, limited mobility, or grinding sensations. Request imaging tests to assess the implant, document your symptoms, and consult a product liability attorney with experience in medical device litigation.
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Get a Free Zimmer Hip Replacement Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for Zimmer hip replacement complications. Each state has its own statute of limitations that typically ranges from 1 to 3 years, which may affect your ability to seek justice and compensation.
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. Don’t wait until it’s too late to seek the compensation you deserve for your Zimmer hip-related injuries.
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://www.fda.gov/medical-devices/safety-communications/zimmer-biomet-cpt-hip-system-femoral-stem-and-increased-risk-thigh-bone-fracture-fda-safety
2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9607025/
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