Verdict Is First Courtroom Victory For a Zimmer Durom Cup Hip Implant Lawsuit Plaintiff, and Follows Two Previous Wins for Zimmer.
Southern Med Law, a law firm that represents the victims of defective medical implants, applauds the decision of a Los Angeles jury to award more than $9.1 million to a man who experienced serious complications from Zimmer Holdings, Inc.’s Durom Cup hip implant. The case, which concluded in Los Angeles Superior Court on July 27th, marks the first time a plaintiff has prevailed in a Zimmer Durom Cup lawsuit. Two previous cases that had gone to trial in Illinois state court and New Jersey federal court ended in favor of Zimmer. (Case No BC444834)
The Los Angeles lawsuit was filed on behalf of a California man who had to undergo revision surgery to replace his Zimmer Durom Cup hip just 15 months after it was implanted in 2007. In awarding the plaintiff $153,000 in compensatory damages to cover medical bills and $9 million in past and future noneconomic damages, the jury agreed with his assertion that Zimmer had negligently designed the Durom Cup and failed to warn about its defects. The verdict was announced after three weeks of testimony and just four hours of deliberations.
According to court documents, sales of the Zimmer Durom Cup were temporarily halted between July and August 2008 because inadequate instructions for its implantation had been issued to doctors. In September of that same year, the device was named in a Class II recall after the U.S. Food & Drug Administration determined that the hip was misbranded, calling its labeling “false and misleading.” While 1,900 hip implants were involved in the recall, Zimmer continued to sell the device.
Court records indicate that nearly 400 Zimmer Durom Cup lawsuits are now pending in a federal multidistrict litigation currently underway in the U.S. District Court, District of New Jersey. The jury hearing that proceeding’s first bellwether trial dismissed the case in May due to statute of limitations issues. (RE: Zimmer Durom Hip Cup Products Liability Litigation – MDL 2158)
Another case that went to trail in St. Clair County, Illinois, Circuit Court also ended in Zimmer’s favor last December, as it involved a plaintiff who had developed an infection. (Pugliese v. Zimmer Holdings Inc.)
Southern Med Law is now offering free, no-obligation case reviews to alleged victims of Durom Cup hip implant complications. If you suffered premature failure of a Zimmer Durom Cup hip replacement, please call Southern Med Law today, at 205-547-5525, to schedule a free legal consultation.
About Southern Med Law
Southern Med Law and Dr. François Blaudeau possess a unique understanding of the medical and legal questions at issue in Zimmer Durom Cup hip lawsuit claims. It is this in-depth knowledge that is tantamount to a successful legal representation that protects the rights of the injured. The staff at Southern Med Law is not only trained in successfully handling your legal needs but also understand the pain and suffering and treatment from a medical point of view, and is committed to protecting the rights of all individuals. For more information on filing a Zimmer Durom Cup lawsuit contact Dr. Blaudeau by calling 1-(205) 547-5525 or visit www.southernmedlaw.com to learn more and to fill out an online contact form.
Southern Med Law
François M. Blaudeau, MD JD FACHE FCLM Esquire
2224 1st Avenue North
Birmingham, Alabama 35203
Phone: (205) 547-5525
Cell: 205-547-5525
Fax: (205) 547-5526
francois@sml-legal.i-mlaw.com
www.southernmedlaw.com
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