One lawsuit was filed in October, alleging Zimmer Inc. manufactured a defective device that was not only unreasonably dangerous but was also unfit for its intended use. According to the lawsuit, as reported in The Louisiana Record (11/02/10), plaintiff Joe Dean Krack received a Zimmer VerSys System in July 2005, but experienced disability in his hip because of the implant. In October 2009, Krack had revision surgery to replace the implant.
Krack's lawsuit seeks non-economic damages, medical expenses and punitive damages.
Meanwhile, a North Carolina resident has also filed a lawsuit against Zimmer Inc. for damages allegedly caused by the Zimmer Durom Cup. Plaintiff John Chisnell reportedly had hip replacement surgery in 2007, but suffered pain when the Durom Cup did not properly attach to his hip bone. Chisnell had revision surgery in January 2010 to replace the allegedly defective device, but the revision surgery resulted in the plaintiff's left leg being longer than his right leg by half an inch.
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The Zimmer Durom Cup has so far not been subject to a recall, although sales of the hip replacement device were temporarily suspended in the US so the manufacturer could update the label with instructions for surgical implantation techniques. Approximately 12,000 patients have received a Zimmer hip replacement device so far; a reported 5.7 percent of patients so far have required revision surgery to replace the hip implant.
Zimmer has responded to complaints about the Durom Cup by stating that the problem is related to the surgical technique used to implant the device and not due to problems with the device itself.