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In 2006 Zimmer Durom Cup Hip Implants were approved for use in the United States. Within less than 2 years, more than 12,000 patients were functioning using a Durom Cup as a replacement device for a defective hip joint. Although these implants had been used for 3 years in Europe prior to being approved in the U.S. and had exhibited a high rate of success, in the U.S. patients started developing problems, some almost immediately after surgery. Their doctors, looking for reasons why the implants failed, decided that the Durom Cup was a defective device.

Patients who suffer from the use of defective prosthetic devices are protected by law in most U.S. states. These laws entitle a patient who experienced pain, incurred medical expenses, or lost wages due to a defect in a medical device to receive compensation for their losses. Zimmer has not yet conceded that their product is defective because of its success rate in the European market, but in order to give itself time to develop a better training program for American surgeons, Zimmer voluntarily pulled the cup from the American market in July, 2008.

If you perform a search on the Internet for “Zimmer Durom Cup Lawsuits”, you will find a host of attorneys who are looking to help file lawsuits against Zimmer on behalf of patients. As the number of cases of implant failures continues to grow, these attorneys have done their research and believe that they can file successful individual or class action lawsuits against the manufacturer.

Some physicians have performed exploratory surgeries to try and determine what is causing their patients so much trouble. In some cases they have discovered that the cup has become so loose in the socket that it just pops out when touched. In other cases, the entire device has been found to have migrated a short distance away from where it should be located. Since the device has reputedly been so successful in Europe, Zimmer continues to deny any wrongdoing. Even so, physicians have estimated that almost 6% of the Durom Cup implants will fail and need revision within the next few years.

Zimmer stockholders take the position that Zimmer should have announced a suspension of U.S. sales before January 22, 2008 instead of waiting until July. Because of this belief, they have filed a class action lawsuit in Indiana requesting damages for those investors who purchased stock between January 22 and July, 2008 when the product was finally pulled from the market.

Although Zimmer still contends that their product is not at fault in causing these problems, citing instead the failure of physicians to be properly trained in the correct methods of implanting them, they announced in October, 2008 that they had set aside $47.5 million to pay claims from the resulting lawsuits. This came after July numbers showed that the failure rate of the Durom Cup could be as high as 5.7%. Per the company the money they have earmarked for claim payment will be used for “revisions associated with surgeries that predate the company’s voluntary suspension and which also occur within two years of the original surgery date.