Friday, January 16, 2009

Settlements are being made to Zimmer Durom Cup Patients

By Maxwell Schmickman

During 2006 and 2007, 12,000 Americans had hip replacement surgery and had a Zimmer Durom Cup implanted in one or both hips. Since that time, almost 6% of these devices have failed. Patients have complained of a great deal of pain after they should have been completely healed, and doctors have found that their hip implants have become loose or even migrated from where they should be. Because of these problems, patients are facing expenses caused by extra medical costs and a loss of wages. Zimmer has not come out and admitted its liability, but as patients file lawsuits against them, they have been making some settlements.

Although Zimmer has been accused of reacting to the problems too slowly and not accepting the liability for the failed implants as they should, in October, 2008 they did announce that they had set aside a fund of $47.5 million to pay lawsuit claims. They are still adamant that their research showed no defects in the product. Many physicians still aren't convinced. Zimmer took the Durom Cup off of the American market in July, 2008 and then reinstated it the next month along with an online training program which doctors must complete prior to being able to do hip replacements surgeries using the cup again. Half of all the doctors involved declined the offer saying that taking the training would be a waste of their time. Through all of this, everyone has had a lot of stress to deal with, especially the hundreds of patients with defective Durom Cups who are awaiting further surgery.

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 you do find yourself experiencing excessive pain and mobility problems due to your recent hip implant, be sure to schedule an appointment with your doctor to have it examined. If your physician tells you that you're going to need revision surgery to correct a malfunction, contact a lawyer immediately. Your attorney will then make sure to take the necessary steps to document the entire procedure in order to build a strong case for you against Zimmer. If you just go ahead and have the surgery and then accept the settlement Zimmer offers you directly, you stand to lose thousands of dollars.

Once you've determined that you have a valid case against Zimmer, it's going to take some time to receive a settlement. Your lawyer will want to make sure that he's covered all of your bases and is getting you the maximum amount he can in settlement. Trying to rush your case through will only end up with you getting a settlement that is too small, so be patient.

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