Products Liability
Our attorneys are now accepting new cases from individuals who have been injured due to a defective Zimmer hip replacement implant. In July 2024, Zimmer issued a recall for these implants after design defects were found to significantly increase the risk of thigh bone fractures.
If you received a Zimmer hip implant and experienced a fractured femur or other leg-related injuries, you may be eligible to file a lawsuit and seek compensation. Contact our national product liability lawyers today at 800-553-8082.
About Zimmer Biomet
Zimmer Biomet is a medical device company that was founded in 1927, originally producing simple metal splints for orthopedic repairs. Today, Zimmer is a publicly traded company with a global presence, designing and manufacturing a variety of orthopedic medical devices. Their primary products are artificial implants commonly used in joint replacement surgeries, including those for the knee, hip, shoulder, elbow, and ankle.
Zimmer Hip Replacement Implant Recall
In July 2024, the Food and Drug Administration (FDA) announced that Zimmer was voluntarily recalling its CPT Hip System joint replacement implants. The CPT Hip System is a line of artificial implants used in total hip replacement surgeries.
This recall was prompted by research that showed individuals with the CPT hip implant had a significantly higher risk of suffering thigh bone fractures compared to those with other hip replacement implants. The findings revealed design flaws in the Zimmer CPT hip replacement, making thigh bone fractures more likely.
Zimmer’s recall plan involves a gradual phase-out of CPT implant sales by December 2024. However, in September 2024, the FDA issued a public warning advising doctors and patients to avoid using the Zimmer CPT implant system in future hip replacements.
Background on the Zimmer Hip System
The M2a Hip System was marketed as a cutting-edge solution for hip replacements. Unlike conventional hip replacement systems, which use a polyethylene (plastic) liner, the M2a Hip System utilizes a metal-on-metal (MoM) design. This feature was intended to offer improved durability and reduced wear, making it an attractive option for younger, more active patients. The M2a Hip System includes a metal acetabular cup and femoral head, which are designed to articulate directly against each other, thus eliminating the need for a plastic liner.
However, this metal-on-metal design has been linked to the release of metal particles—primarily cobalt and chromium—into the patient’s bloodstream as the metal components wear against each other. The release of these particles can lead to a condition known as metallosis, characterized by the buildup of metal debris in the surrounding tissues, inflammation, tissue necrosis, and elevated metal ion levels in the bloodstream. In severe cases, the condition can necessitate revision surgery to remove and replace the defective implant.
Allegations Against Zimmer Biomet
According to the lawsuit, the M2a Hip System has several inherent defects that make it unreasonably dangerous for use as a hip replacement device. The complaint details the following defects and failures of the M2a Hip System:
- Metal Debris Generation: The metal-on-metal articulation of the M2a Hip System leads to the generation of metal debris, which can cause adverse tissue reactions, fluid accumulation, and destruction of bone and tissue surrounding the implant.
- Excessive Wear and Corrosion: The lawsuit alleges that the M2a Hip System’s metal surfaces corrode and wear excessively, releasing toxic levels of cobalt and chromium into the body. This metal ion release can result in systemic health issues, including neurological problems, cardiovascular complications, and metal poisoning.
- Device Loosening and Failure: The excessive wear and corrosion of the device allegedly lead to loosening of the implant, causing severe pain, instability, and the need for complex revision surgeries to remove and replace the defective components.
- Inadequate Testing and Marketing: The complaint contends that the M2a Hip System was not sufficiently tested by Zimmer Biomet and that the company failed to conduct adequate clinical trials to ensure the safety and efficacy of the device. Moreover, the lawsuit asserts that Zimmer Biomet misrepresented the safety profile of the device in its marketing materials and downplayed the known risks associated with its use.
Health Complications and Revision Surgeries
The lawsuit outlines the severe complications experienced by patients implanted with the M2a Hip System. These include pain, swelling, limited mobility, and the development of pseudotumors (mass-like tissue growths caused by inflammation). Many patients have had to undergo multiple revision surgeries to remove and replace the defective implant. In some cases, the revision surgeries were complicated by infections, further increasing the patients’ suffering and recovery time.
The complaint provides detailed accounts of patients who required emergency surgeries due to metal toxicity and other related complications. One patient had to undergo four surgeries in a span of just a few months, which included the removal of the defective implant, placement of a temporary spacer, treatment for a methicillin-resistant Staphylococcus aureus (MRSA) infection, and a final surgery to implant a new hip replacement.
FDA Warnings and Recalls
The lawsuit also highlights that Zimmer Biomet and its predecessors were aware of the issues with the M2a Hip System long before it was recalled. The company received numerous complaints and adverse event reports from physicians and patients, documenting the device’s failure and the resulting injuries. Despite these reports, Zimmer Biomet continued to market and sell the M2a Hip System without adequate warnings to healthcare providers or patients.
In response to the growing concerns about metal-on-metal hip implants, the U.S. Food and Drug Administration (FDA) issued an alert in 2011, warning of the potential dangers associated with these devices. The FDA’s alert came after the widespread recall of other metal-on-metal hip systems, which had demonstrated similar issues with metallosis and device failure.
Claims for Damages
The lawsuit brings multiple claims against Zimmer Biomet, including strict liability, negligence, breach of express and implied warranties, fraud, and violation of consumer protection laws. The plaintiffs allege that Zimmer Biomet’s actions and omissions caused them to suffer severe physical injuries, emotional distress, economic losses, and loss of quality of life.
The plaintiffs seek compensatory damages for pain and suffering, medical expenses, loss of income, and other economic damages. Additionally, the lawsuit requests punitive damages to hold Zimmer Biomet accountable for its alleged misconduct and to deter similar behavior in the future.
Filing a Zimmer Hip Replacement Lawsuit
The recall and the evidence linking the Zimmer CPT hip replacement to thigh bone fractures clearly indicate that the implant contains design defects, making it unsafe. Manufacturers like Zimmer have a legal responsibility to ensure their products are safe, and they can be held accountable when they fail to meet that obligation.
If you or someone you know suffered a fractured thigh bone (femur) after receiving a Zimmer CPT hip implant during surgery, you may be eligible to file a product liability lawsuit. Compensation may be available for pain and suffering, medical expenses, and lost wages due to the injury. Our product liability lawyers are actively pursuing cases involving the Zimmer hip implant recall for patients affected by these defective implants.
Will There Be a Zimmer Hip Replacement Class Action?
Thousands of people may have suffered injuries due to the defects in the Zimmer hip replacement implants. This means that the number of plaintiffs who file Zimmer hip replacement recall lawsuit could be very large. As a result, it is very likely that all of the Zimmer hip replacement lawsuits in federal courts will be consolidated into an MDL (Multidistrict Litigation).
An MDL is very similar to a traditional class action. An MDL consolidates multiple similar cases from different courts into a single federal court. This approach streamlines the pre-trial proceedings, making the process more efficient by avoiding redundant efforts such as duplicate discovery (the exchange of evidence) and coordinating witness testimony.
MDLs are commonly used in large product liability cases, such as those involving defective medical devices like hip implants, ensuring a fair and consistent outcome for all plaintiffs. Although each individual case within an MDL is handled separately, key issues like liability and causation are decided in a way that applies to all cases.
This means that while your lawsuit may be part of an MDL, your specific injuries and circumstances will still be taken into account in any settlement or resolution.
Settlement Value of Zimmer Hip Replacement Lawsuits
Zimmer is likely to be held responsible for femur fractures and other injuries linked to the defective design of its CPT hip implants. Medical device manufacturers like Zimmer are legally obligated to ensure that their products are safe when used as intended. When hidden design flaws or defects cause harm, manufacturers are strictly liable for those damages, as is the case here.
Although it is too early in the litigation process to accurately predict the settlement value of Zimmer hip replacement recall lawsuits, we can make an educated estimate based on prior settlements in similar cases.
Successful plaintiffs could potentially recover compensation for:
– Pain and suffering
– Medical expenses related to treatment and revision surgery
– Lost income or wages due to implant failure
Based on settlement values in cases involving femur fractures in other contexts, we estimate the potential settlement value for Zimmer hip implant recall lawsuits to be in the range of $150,000 to $450,000.
How to Know if You Have a Zimmer Implant
Many patients who undergo joint replacement surgery are unaware of the specific type or brand of implant used. This makes it difficult to know whether you have a Zimmer CPT hip replacement system. To determine if you received a Zimmer implant, you will need to contact your orthopedic surgeon or the office where your surgery was performed to get that information.
Contact Us About Zimmer Hip Replacement Lawsuits
If you experienced a broken leg after receiving a Zimmer hip replacement implant, you may be eligible to file a lawsuit and pursue financial compensation. Contact one of our product liability attorneys today to explore your legal options. Call 800-553-8082 or request a free online consultation.