During 2006 and 2007, 12,000 Americans had hip replacement surgery and had a Zimmer Durom Cup implanted in one or both hips. Since that time, almost 6% of these devices have failed. Patients have complained of a great deal of pain after they should have been completely healed, and doctors have found that their hip implants have become loose or even migrated from where they should be. Because of these problems, patients are facing expenses caused by extra medical costs and a loss of wages. Zimmer has not come out and admitted its liability, but as patients file lawsuits against them, they have been making some settlements.
Although Zimmer has been accused of reacting to the problems too slowly and not accepting the liability for the failed implants as they should, in October, 2008 they did announce that they had set aside a fund of $47.5 million to pay lawsuit claims. They are still adamant that their research showed no defects in the product. Many physicians still aren't convinced. Zimmer took the Durom Cup off of the American market in July, 2008 and then reinstated it the next month along with an online training program which doctors must complete prior to being able to do hip replacements surgeries using the cup again. Half of all the doctors involved declined the offer saying that taking the training would be a waste of their time. Through all of this, everyone has had a lot of stress to deal with, especially the hundreds of patients with defective Durom Cups who are awaiting further surgery.
There's no doubt that these unfortunate patients deserve some kind of restitution for everything they've been going through. However, product liability attorneys don't feel that Zimmer is giving them a fair shake. Even though people are getting settlements that seem to be a lot of money, what they're actually being given is only a fraction of what the case may end up being worth. When people see an offer for what seems to them to be a substantial amount of money, they settle quickly. Zimmer is taking advantage of this fact. In actuality, these people may eventually be out thousands of dollars, because no one knows what problems they are going to face in the future.
Anyone who thinks they may have a claim against Zimmer needs to start checking into it. If you think you might qualify, you can call attorney to find out for sure. Look for one that operates nationwide and specializes in litigation against defective medical devices. This law firm has even set up a special division to research and process claims against Zimmer and secure equitable settlements for their clients. Of course, if you'd prefer, you can also contact a local law firm that handles product liability lawsuits.
If your orthopedic surgeon tells you that you're going to need revision surgery to correct your Zimmer Durom hip replacement device, contact an attorney right away. Your attorney will take the steps that are necessary to preserve information about your revision that will prove the liability Zimmer has in your case. If you agree to a settlement without having an attorney, the amount you get will only be a fraction of what lawyers estimate these cases are going to ultimately be worth.
When you know for sure that you have a valid case, don't expect anything to happen too quickly. Your lawyer will want to take the time to ensure that you get everything you have coming to you. Listen to his advice, and never accept a speedy settlement directly from Zimmer. Wait until everything is resolved so that you can get all the compensation that you deserve.