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Hundreds of people who had hip replacement surgery using a Zimmer Durom Cup implant prior to July, 2008 are now experiencing complications that doctors never anticipated. They are having pain long after the normal recovery period, needing to have revision surgeries to take care of defective implants, incurring high medical bills, and losing wages from not being able to work. Zimmer Holdings, Inc., manufacturer of the Durom Cup, claims that their product is not defective; however, they have been offering settlements to some patients which shows they are accepting some liability.
In October, 2008 Zimmer announced that it had reserved $47.5 million to pay for claims filed against them. Many physicians aren’t so sure that the implant is as good as the company says it is. In fact, when Zimmer offered online training to doctors in order to teach them what they said were more precise techniques for performing the implant surgery, half of the doctors refused to participate. Thus, the entire situation continues to be stressful for everyone involved, but none more than the hundreds of patients who are facing revision surgery due to problems with their implant coming loose in the socket.
These suffering patients definitely deserve some help and restitution which is why product liability lawyers are encouraging them to file lawsuits. Zimmer has been paying some of these claims, too. However, even if the money they are being offered seems like a lot to them, in many cases patients are settling too quickly and without provision being made for ongoing problems in the future. Without waiting to find out what an actual case is worth, people may find themselves paying thousands of dollars out of pocket when further complications arise.
If you think you might have a claim against Zimmer, it won’t hurt to find out for sure. Contact your doctor to find out what brand of implant was used in your surgery. If you find out that it was a Durom Cup and you’ve been having problems, you can then call your personal attorney to find out if you qualify to file a lawsuit against the manufacturer. I would in turn look for a national law firm that specializes in litigation against medical product defects. Find a firm has set up a special division just to handle the many Zimmer lawsuits that are being filed and will be happy to help you. Of course, you can choose to hire a local law firm that handles product liability cases, too.
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.
Once your lawyer tells you that you have a case, be prepared to wait in order to get the best settlement you can possibly get. Take the advice your attorney offers you and don’t demand speedy restitution. You may end up losing a lot of money if you aren’t willing to be patient.