On July 24, 2008, Zimmer Holdings, the nation's largest producer of orthopedic devices, announced the suspension of sales of an artificial hip implant component due to a high failure rate. The medical device, a hip socket known as the Durom cup, was first sold in the U.S. in 2006 and has been implanted in 12,000 patients.
Physicians have complained that device is faulty with possibly hundreds of patients needing replacement surgery in the coming years. Zimmer has denied that the Durom hip implant is defective. Instead, Zimmer claims surgeons have failed to implant the device properly and was suspending its sale to provide doctors specialized training for the implant surgery.
Not all physicians have agreed with Zimmer's assessment. In April 2008, Dr. Lawrence Dorr, an orthopedic surgeon in Los Angeles, California, publicly warned other orthopedists about cup failures his patients were experiencing. When questioned on Zimmer's announcement, Dr. Dorr told the New York Times that he did not plan to start reusing it. "It is a bad design," he said.
The law in most states provides individuals with legal claims and the right to compensation for injuries they suffer as a result of a medical device that is defective or fails to perform as advertised. Patients may file a personal injury lawsuit seeking compensation for their pain and suffering, medical expenses including the cost of replacement surgery, lost past and future wages and punitive damages.
Claudine Homolash of Sheller, P.C. represents persons across America injured by defective and dangerous medical devices. Ms. Homolash can be reached at (215) 790-7300, or chomolash@sheller.com
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