The health regulatory agency of New Zealand, Medsafe, issued a letter of warning to Zimmer Orthopedics for its Zimmer Durom Cup hip device on October 26, 2012. In the letter issued by the agency, it has asked physicians, doctors and health professionals to remain alert and vigilant about possible Zimmer hip complications.

The agency has said that Zimmer Durom Cup has a higher likelihood of failure than other comparable hip devices and physicians should take care before implanting it in patients. The metal-on-metal implant device was launched and introduced in New Zealandin the year 2003, however, within a few years of its introduction various Zimmer Durom Cup lawsuits were filed that raised the eyebrows of Medsafe and other federal agencies. With this, Zimmer Durom Cup has become the third metal-on-metal to device to receive warning letter from the federal agency. The rest of the metal-on-metal implants that received warning letter are:

  • BirminghamModular Health
  • Smith and Nephew R3
  • Mitch TR
  • DePuy ARS

In its warning letter the agency has said that around 16% of people implanted with the said device have experienced problems, which is a 6% increase than the average rate of failure that is experienced as of now. The average failure rate of metal-on-metal implant is usually 10%.

Remedies after Patient Experience Defective Zimmer Durom Cup Implant

Across United States, drug and medical equipments manufacturers have a legal duty to protect users of their products from any possible injuries that may result from their products or devices. In such a circumstance when a company fails to ensure safety of their consumers the victim is eligible to file a product liability claim against the manufacturer of the product.

However, the plaintiff will have to prove the below mentioned facts:

  • The drug or the medical device was “unreasonably dangerous,”
  • Injury was caused by the defect
  • The condition occurred when the product left the manufacturer’s control

Having proved the above mentioned facts, an injured person may appeal for compensatory damages that may include monetary compensation, compensation for medical expenses and wages lost by the victim due to the suffering. Asides, these compensatory damages the plaintiff may also appeal to the court for Punitive Damages. Punitive damages are intended to punish a drug producer or medical device manufacturer and deter companies from selling defective and other products that may be injurious to common people.

If you or any one of your loved one had a bad experience with Zimmer Durom Cup implant, contact a Zimmer Cup product liability attorney who can help you presenting your case effectively and convincingly. This is way plaintiffs can protect their rights and let the justice prevail.