Published: March 11, 2010
Florida and Kentucky Residents File Suit Against Zimmer for Multiple Surgeries and Debilitating Injuries Caused by Defective Hip Implant
WEST PALM BEACH, Fla. - (BUSINESS WIRE) - Wendy
R. Fleishman of the national plaintiffs' law firm Lieff
Cabraser Heimann & Bernstein, LLP, announced today
that Todd Lovelace and Christine Walker have filed separate personal
injury lawsuits against Zimmer Holdings, the nation's largest producer
of orthopedic devices. Lovelace and Walker seek respective damages
against Zimmer for multiple surgeries and debilitating injuries they
suffered due to the defective Durom Acetabular Component, an artificial
hip socket known as the Durom Cup, which is manufactured and sold by
Zimmer. First on the U.S. market in 2006, the Durom Cup was implanted in
12,000 patients.
Todd Lovelace, a 45-year old truck driver from Elizabethtown, Kentucky,
received a Zimmer Durom Cup in May 2008 as part of hip replacement
surgery on his left hip. After months of great pain, agony, difficulty
walking and bearing weight, he was compelled to undergo a second surgery
to remove the defective cup in December 2008. Lovelace stated, "It's
ruined my life. I'm in chronic pain and have lost my job as a result of
this defective device."
In December 2007, the Durom Cup was implanted in Christine Walker, a
53-year old former registered nurse from West Palm Beach, Florida. She
too suffered months of great pain and agony, necessitating her to stop
working. In December 2008, her Durom Cup was removed. Walker stated, "I
believed that after my hip replacement I would return to my career in
nursing and to my active lifestyle with my husband of
thirty-seven years. Instead, I live every minute of every day in pain
and worry, with the loss of my career, how much more I am going to lose."
"The complaint estimates that upwards of 24% of patients that received
the Durom Cup will be forced to undergo revision surgery," plaintiffs'
counsel Wendy R. Fleishman commented. "It is long past the time for
Zimmer to formally recall the Durom Cup and take responsibility for the
extreme pain and injuries its defective product has caused thousands of
patients across America."
Allegations Concerning the Zimmer Durom
Cup
A "metal-on-metal" implant, the failures of which were recently profiled
in a New
York Times article published March 4, 2010, the Durom Cup was
not cemented or screwed in place during implantation. Instead, it was
designed to bond to the patient's hip bone.
"Rather than functioning in the intended manner, the complaint charges
that the Durom Cup implant resists bone growth and becomes loose or pops
free from the hip," stated Fleishman. "This unintended result has caused
extreme and devastating pain to patients and necessitated revision
surgery to remove the failed Durom Cup."
After the product was introduced in the United States, Zimmer began
receiving complaints from physicians that its Durom Cup was failing.
"Despite warnings from leading orthopedic surgeons, Zimmer continued to
aggressively market the Durom Cup in 2007 and into 2008, blaming
surgeons for the growing failure rate," explained Fleishman.
In July 2008, Zimmer announced that it was temporarily suspending the
sales of the Durom Cup in the United States. In its announcement, Zimmer
stated that the suspension was necessary "while the Company updated
labeling to provide more detailed surgical technique instructions to
surgeons and implements its surgical training program in the U.S."
Zimmer denies any "evidence of a defect" with the Durom Cup and, to
date, has refused to issue a recall notice in accordance with procedures
established by the Food and Drug Administration.
Injuries Suffered by Todd Lovelace
Prior to Todd Lovelace's May 2008 implantation surgery, he was an active
husband and father who regularly enjoyed outdoor activities such as
fishing, hunting, and motorcycle touring with his wife Lori Lovelace.
Lovelace worked as a truck driver for more than twelve years. His job
required him to repeatedly climb in and out of the cab of his truck, sit
for long periods of time, climb onto the back of an eighteen-wheel
truck, carry heavy boxes, and pull a heavy pallet jack.
Lovelace suffered extreme physical pain following his original hip
replacement surgery. He walked with a modified gait and had difficulty
bearing weight. The excruciating pain persisted until Lovelace underwent
a revision surgery on December 22, 2008, only seven months after the
original implantation. His Durom Cup was found to be completely loose
with only fibrous tissue between the cup and socket and no bony
ingrowths.
Lovelace has not fully recovered from the harm of the defective Durom
Cup and is now disabled. He continues to experience great pain, limiting
his ability to perform basic day-to-day activities and preventing him
from performing necessary job functions. Lovelace's inability to return
to work has severely impacted his family's economic well-being and has
taken an emotional toll on the entire family.
Injuries Suffered by Christine Walker
For twenty-six years, Christine Walker cared for others as a registered
nurse. Prior to her December 2007 implantation surgery on her left hip,
she took time off from her job as Director of Nursing in a major Palm
Beach County medical facility, with the expectation that she would
return to work six to eight weeks after the implantation surgery.
However, due to the defective Durom Cup, she was unable to return to
work and remains disabled.
Walker experienced extensive pain following her implantation surgery. In
February 2008, her physical therapist refused to treat her without
further examination from her physician because the therapist recognized
that Walker's pain was unusually severe.
In March 2008, Walker underwent a surgery to adjust the femoral
component of the hip replacement. After the surgery, Christine continued
to suffer pain. She underwent additional surgeries and continued to
experience severe left hip pain. She could no longer enjoy activities
such as dancing, golfing, fishing, camping, and long drives with her
husband, Kenneth Walker. The pain also hindered her ability to perform
basic physical motions such as climbing, bending, and sitting for long
periods of time.
The excruciating pain persisted until Walker underwent a revision
surgery in December 2008, one year after the original implantation. The
Durom Cup was found to be completely loose, with no porous in-growth in
the cup.
Walker has not fully recovered from the harm of the defective Durom Cup
and still suffers incredible leg and hip pain. The pain has limited her
ability to perform basic day-to-day functions, and she was unable to
return to her job. She now relies on a cane for walking short distances
uses a walker for longer distances. Her inability to return to work has
severely impacted her family's economic well-being and has taken an
emotional toll on the entire family.
Procedural Status of the Litigation
Walker's lawsuit was filed today in federal district court in West Palm
Beach, Florida. Lovelace's lawsuit was filed in federal district court
in Louisville, Kentucky on February 26, 2010.
Legal Resources for Zimmer Durom Cup Hip
Implant Patients
Lieff Cabraser represents persons across America injured by defective
medical devices, including the Zimmer Durom Cup.
If you would like to learn more about your legal rights please visit http://www.personalinjurylawyeramerica.com/medical/zimmer-durom-hip-recall.htm
or call us toll free at 1-800-541-7358 and ask to speak to
attorney Heather
Foster. There is no charge or obligation for our review of your case.
About Lieff Cabraser
Lieff
Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney law
firm that has represented plaintiffs nationwide since 1972. We have
offices in San Francisco, New York, and Nashville. Lieff Cabraser has a
comprehensive and diverse practice, which includes representing persons
injured by defective medical devices.
Since 2003, The National Law Journal has selected Lieff Cabraser
as one of the top plaintiffs' law firms in the nation. Learn more at www.lieffcabraser.com.
Lieff Cabraser Heimann & Bernstein, LLP
Wendy R.
Fleishman, 212-355-9500
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