July 29, 2015 — Zimmer Inc. has been ordered to pay $9.2 million to a man who was injured by the Durom Cup, a hip replacement component that was pulled off the market in 2008.
After a three-week trial in Los Angeles Superior Court, jurors found Zimmer liable for failing to adequately warn about risks and defectively designing the implant.
The 59 year-old plaintiff, Gary Kline, was awarded $153,000 in medical expenses, $2.6 million for past non-economic damages, and $6.4 million in future non-economic damages, according to Reuters.
Lawyers said Kline is “still dealing with the lingering effects of having two traumatic surgeries in the span of 15 months and scar tissue and muscle damage that goes along with that.”
It is believed to be the first verdict against Zimmer involving a metal-on-metal hip replacement. Zimmer won two previous trials in Illinois and New Jersey.
About 13,000 people were implanted with Zimmer Durom Cup implants before they were recalled in 2008. Nearly 400 lawsuits have been filed in a consolidated federal litigation in New Jersey since 2010.
Lawsuits generally allege that the Durom Cup resists bone growth and becomes loose, causing extreme pain and other problems that may require revision surgery. The FDA has also warned that the metal-on-metal design can release toxic particles into the bloodstream that can cause metal poisoning or systemic reactions in other parts of the body.
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