Zimmer Durum Cup Lawsuit: Fall 2010 Status Of Litigation

Get Legal Help Today

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Aug 5, 2019

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Zimmer Durom Cup hip prosthetic devices have been associated with a high failure rate compared to the European and Canadian counterparts manufactured by the same company. Zimmer Durom Cup lawsuits have been filed against the manufacturer and many are now in the discovery phase. Here’s an update on the litigation:

Zimmer Durom Cup Hip Replacement: Litigation Update

Zimmer voluntarily suspended sales of its Durom Cup earlier this year to determine why the American failure rate was so high – an astonishing 5.7%. What Zimmer has tried to conclude – and push upon the litigants – is that these cups were no different than those sold in Europe and Canada. The company also said that some of the surgeons who have been using these cups needed to be specifically trained. However, Zimmer Durom Cup attorneys call that a bunch of hogwash. They say that the doctors they deal with are seasoned pros who have done hundreds of hip replacements.

In response to the Zimmer’s suspending sales of its Durom Cup Hip Replacement, the American Association of Justice (AAJ) has formed a litigation group and just had a meeting on these products in Canada at the AAJ Convention. There are periodic phone calls between the various attorneys across the country sharing ideas, sharing discovery, mining experts, etc.

Although there have been a number of Zimmer Durom Cup Hip Replacement lawsuits filed, very few have gotten through some of the discovery phases. However, what has been discovered is that there are two basic problems with the Zimmer Durham Cup compared to other hip prosthesis designs.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption

Zimmer Durom Cup Lawsuit: Two Major Flaws Discovered

Zimmer Durom Cup lawyers say that the following two major flaws have been discovered about this defective hip replacement medical device:

  1. There is an equatorial fin that goes around the circumference of the ball. That fin precludes the biodynamic joining of the prosthesis with the human tissue.
  2. There is a different coating that is required on these American counterparts compared to the European and Canadian designs.

Those two flaws will play a large part in the Zimmer Durom Cup litigation as it proceeds forward.

Zimmer Durom Cup Injuries: Lawsuits, Settlements & Mediation

Zimmer has offered people minimal settlements. However, here’s where an experienced Zimmer Durom Cup attorney can help. The attorney would submit all the records and films to Zimmer and Zimmer would either respond with an offer. However, that offer could be lower than what was initially offered. In the alternative, Zimmer Durom Cup attorneys say that what’s more likely happening is that many people chose to go mediate these cases early on.

Some of the mediations have been successful; some have not. Zimmer is trying desperately to keep the lid on these settlements as they don’t want to pay significant dollars. Unfortunately, some attorneys have gone around and settled cases cheaply, while others believe that litigation may be a better – and more prosperous – solution for injured victims.

If you’ve been injured by the Zimmer Durom Cup and/or had to have revision surgery, contact an experienced Zimmer Durom Cup attorney to discuss your individual situation, determine which method of recovery might work best for you and find out the types of damages for you might be entitled.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption