Hip Replacement Patients At Possible Risk, Cleveland Law Firm Adds Zimmer Durom® Cup Lawsuit Info On SpangLaw.com

Main Category: Bones / Orthopedics
Article Date: 22 Jan 2009 - 3:00 PDT

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"Lawrence Dorr, a nationally known orthopedic surgeon in Los Angeles, realized last year that something was very wrong with some of his patients. - The New York Times ". After discovering an unexpected number of hip implant failures, Zimmer Inc. voluntarily recalled one of its artificial hip implants, the Zimmer Durom® Cup. Some of the patients who must now undergo expensive and painful revision surgery have filed product liability lawsuits. In light of this developing news the Cleveland Law Firm of Spangenberg Shibley & Liber has addressed this issue with new content on their website SpangLaw.com.

Initially approved for market in March 2006, the company touted the Zimmer implant as superior for active patients since less bone removal was required than with conventional total hip arthroplasty (THA.) In late Fall 2007, however, Zimmer's foreign counterparts received reports that the product showed a "high amount of wear due to malpositioning of the cup after about one year." Notwithstanding this warning, the Durom® Cup continued to be marketed and implanted by surgeons in the United States who were unaware of the problems encountered in Europe.

In April 22, 2008, just two years after the implant was released into the U.S. market, a nationally recognized orthopedic surgeon, Larry Dorr, M.D. warned his colleagues within the American Association of Hip and Knee Surgeons of an unacceptably high failure rate. Specifically, he had found that 14 of the 165 Durom® hip cups implanted had required a revision surgery - a failure rate that far exceeded those of other available implants. Because the implants easily popped free during the revision surgeries, Dr. Dorr's team concluded that the patients' hip bone had been unable to incorporate the implant likely because of defects in the cup's design and surface coating.

In response to Dr. Dorr's warning, Zimmer informed surgeons that it was internally investigating the complaints. In an apparent attempt to reassure surgeons of the implant's safety, Zimmer cited to its own clinical trials and international experience dating back to 2003. Within the same letter, however, Zimmer acknowledged that the U.S. version of the implant was not identical to the European version.

Following Dr. Dorr's warning and Zimmer's response, the Food and Drug Administration received several 'adverse event reports' concerning this possible defective medical device. Under mounting pressure, on July 22, 2008, Zimmer temporarily suspended marketing in the U.S. or voluntarily recalled the device. In what appeared to be an attempt to blame the implanting surgeons' technique, Zimmer claimed that 'revised surgical technical instructions and a surgical training program' were required 'to achieve desired clinical results in the U.S.' In an apparent about-face, however, Zimmer later told at least some of the patients requiring revision surgery that it did 'not fault' the surgeons and was 'taking the responsibility for corrective action.'

Despite Zimmer's purported commitment to take 'corrective action,' several patients have formally filed Zimmer Durom® cup lawsuits alleging defects in the implant. These numbers are expected to climb as more patients experience failures and are advised of their legal rights. Personal injury attorneys and law firms, like Rhonda Baker Debevec, Esq. and Nicholas A. DiCello, Esq. of the Cleveland, Ohio firm Spangenberg Shibley and Liber Law Firm, are investigating potential claims on behalf of the estimated 12,000 patients implanted with the device.

About Spangenberg, Shibley & Liber LLP

Spangenberg, Shibley & Liber LLP is a Cleveland Law Firm that manages cases of wrongful death, personal injury, malpractice, negligence, and injuries to classes of consumers involving defective drugs, medical devices and product liability for consumer products. The firm also manages business disputes and prosecutes insurance claims on behalf of businesses and individuals. For more than 60 years, the Spangenberg law firm has devoted itself to representing injured persons and aggrieved businesses. Spangenberg, Shibley & Liber LLP is headquartered in Cleveland, Ohio, at 1900 East Ninth Street, Suite 2400. For more information we invite you to visit http://www.spanglaw.com

Spangenberg, Shibley & Liber LLP

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