Lieff Cabraser Heimann & Bernstein, LLP

Frequently Asked Questions About the Zimmer Durom Cup Failures

1. What is the Durom Cup?

The Durom Cup is an orthopedic device used in total hip replacement surgeries. It was manufactured and sold by Zimmer Inc., the nation's largest producer of implanted orthopedic devices.

2. How is the Durom Cup supposed to function?

During hip replacement surgery, damaged portions of the hip are replaced with smooth, durable artificial surfaces to allow the joint to function properly. The Durom Cup is not cemented or screwed in place during implantation. Instead, it was designed to bond to the patient’s hip bone. The outside of the Durom Cup is porous, and has been sprayed with a highly engineered substance that is intended to facilitate the cup’s acceptance by the human body. It is intended that the patient’s own bone will grow into the exterior shell of the cup. This bone in-growth into the porous shell is what is intended to hold the cup in place.

3. How is the Durom Cup actually functioning for many patients?

Rather than functioning in the intended manner, the Durom Cup implant frequently resists bone growth and, as a result, instead of adhering to the bone, it comes loose and/or pops free from the hip, which can cause damage to the pelvic bone. This unintended result can cause moderate discomfort to extreme and devastating pain and if the cup loosens, revision surgery is required to remove the failed Durom Cup and replace it with a product that functions properly.

4. Has Zimmer recalled the Durom Cup?

There was never a formal recall of the Durom Cup. In July 2008, Zimmer announced that it was “temporarily suspending” sales of the Durom Cup in the U.S. However, Zimmer denies any "evidence of a defect" with the Durom Cup and has thus far refused to issue a recall notice in accordance with procedures established by the Food and Drug Administration.

5. How many persons were implanted with the Durom Cup?

The Durom Cup was first sold in the U.S. by Zimmer, in 2006, and it was implanted in more than 12,000 patients over the two-year period from the Summer of 2006 to the suspension of sales in July 2008.

6. How many persons are expected to be forced to undergo revision, or a second surgery, to replace their defective Zimmer Durom Cup?

Based on information we have received from our discussions with hip surgeons throughout the country, we estimate the failure rate of the Durom Cup to be between 20% and 30%. The true failure rate of the Zimmer Durom Cup may climb much higher in the coming years as doctors and their patients come to realize that their implants are gradually failing.

7. Why are the Durom Cup implants failing?

Lawsuits filed by Lieff Cabraser patients allege the Zimmer Durom Cup is defective and fails due to certain design flaws. Specifically, the device is a metal-on-metal implant. Two failure issues have emerged with metal-on-metal implants: one, the devices slip or the shell does not sit in place in the hip acetabulum and it resists bone growth; and, two, the friction of metal-on-metal wear causes microscopic metal shavings to be released into the surrounding blood and tissue. This release of metal can cause elevated blood levels of cobalt and chromium, which can cause “metallosis,” or an inflammatory reaction to the elevated metals in the tissue and the blood.

8. What should I do if I have been forced to undergo revision surgery or told that my Zimmer hip implant is failing?

We recommend you consult with an attorney. You have the right to discuss with an attorney your legal rights and claims against Zimmer, as well as the legal deadlines applicable to filing a complaint. Many attorneys, including those at Lieff Cabraser, are willing to provide free consultations without obligation.

We recommend that you not sign any documents given to you by any Zimmer investigator, lawyer, or sales representative until after you have consulted with an independent law firm such as Lieff Cabraser that is working for patients, not Zimmer.

9. What if I am told that Zimmer will resolve the case directly without an attorney representing me, and I don't "need" to spend the money on an attorney?

We recommend that you consult with an attorney anyway. You are certainly not obligated to use an attorney to resolve any claims you have with Zimmer, but we believe your interests will be better protected by an independent law firm working for patients, not by a Zimmer representative. Many attorneys, including Lieff Cabraser, are willing to provide free consultations without obligation.

10. What types of claims may I be eligible in bringing?

The law in most states provides individuals with legal claims including the right to compensation for past injuries they suffered as a result of a medical device that is defective or fails to perform as advertised under certain circumstances. These damages may include past and future medical expenses, past and future lost earnings, other out-of-pocket expenses, and damages for pain and suffering.

11. What recovery will I receive?

If Zimmer is found liable or settles with you out-of-court through your attorneys’ representation of you, you should expect a settlement or judgment that will fully compensate you for your medical bills, your pain and suffering and humiliation, and other financial losses. If you suffered a personal injury, the defendant will be responsible for paying for your medical care, both past and to be incurred in the future that is attributable to the defective device, your past and future lost earnings and any limitations on your ability to earn money, and compensation for pain and suffering. Your spouse also might be entitled to an award of loss of services and emotional support.

We have economists on retainer who specialize in evaluating injuries and losses and in calculating the lump-sum amounts necessary to determine a fair monetary compensation for your economic damages.

12. Can any money be advanced by Zimmer without prejudicing my potential future claims?

It is important to carefully read and study any and all such offers to make sure there are no hidden costs or waiver of rights. Consulting with an attorney prior to signing any legal documents can often help guide appropriate action and reveal potential problems.

13. How quickly must I hire an attorney?

You should not feel pressured to make an immediate decision about hiring counsel. Focusing on restoring your health should take precedence over legal issues at this difficult time. However, keep in mind that there is a deadline for filing lawsuits. This deadline is known as the statute of limitations and varies from state to state. Some states have only a one-year statute of limitations.

14. Will I have to pay a fee for your review of my case?

There is no charge for Lieff Cabraser's review of your case. If we decide we can represent you, we will discuss our contingent fees (calculated as a percentage of the recovery we obtain) and then provide a written contract to be agreed upon with you in writing.

15. How long will a lawsuit take?

We cannot give any guarantee as to when any case will be resolved. In some instances, a case will settle to our client’s satisfaction shortly after it is filed, or perhaps even before. In other cases, a final resolution may take two years or more.

Lieff Cabraser works swiftly and efficiently to obtain the maximum compensation for our clients and to bring each case to a successful conclusion as quickly as possible, while at the same time ensuring that all legal steps are vigorously pursued. We do not charge our clients hourly fees and earn no compensation for ourselves until you receive your recovery.

Currently in the Zimmer hip litigation, a mediation program has commenced which offers the possibility, but not any guarantee, that all cases within the program will be resolved in 2011. Lieff Cabraser is participating in the program and submitting mediation statements and negotiating with Zimmer on behalf of our clients.

16. Do I need a lawyer? Why don't I just contact Zimmer and work it out with their insurance company?

It is usually not advisable to try to resolve on your own a case involving a defective medical device causing substantial and prolonged injuries. An attorney can be critical to properly evaluating your case and advising you of your rights. Without counsel, and the experts counsel hires, you may never know the true value of your case.

It is important to understand that a company like Zimmer and its insurers employ the services of lawyers who seek to minimize the legal exposure and financial payments that will be made to the victims of this defective device. In contrast, our duty is to maximize the compensation that our clients are entitled to receive.

17. How do I select an attorney to represent me?

In deciding on representation, you should seek a law firm with substantial experience in successfully prosecuting similar cases. It is important not only to verify the reputation and experience of the law firm as a whole, but to be sure that your case will be handled by lawyers with appropriate experience. You should choose a law firm with sufficient financial resources to conduct a thorough investigation to prosecute the case through trial and appeal if necessary.

18. What is Lieff Cabraser's track record in defective medical device cases?

Lieff Cabraser possesses decades of experience assisting patients in obtaining justice for the injuries they suffered from defective medical devices and products.

Of note, in 2001, Lieff Cabraser helped hundreds of people who were forced to undergo revision surgery to remove defective hip and knee implants manufactured by Sulzer Orthopedics. We played a significant role in negotiating a settlement with Sulzer valued at more than $1 billion. In May 2002, the Court granted final approval to the revised settlement.

We are currently co-lead counsel in the federal coordinated In re Zimmer Durom Cup Product Liability Litigation, MDL No. 2158 (SDW), which is pending in the federal District Court in New Jersey.

We have retained experts to assist us in the investigation and prosecution of both the Zimmer Durom Cup hip component cases and the DePuy ASR hip implant litigation. Both cases involve metal-on-metal hip implants in which a substantial number of patients are experiencing failures of their implants.