Outcome Is ‘Encouraging News’, According To Legal Specialists

Specialist lawyers representing victims who have suffered complications as a result of faulty hip replacement devices have described the conclusion of a trial in the US related to the Zimmer Durom cup implant as “encouraging news”.

Reuters reports that a jury in Los Angeles found Zimmer liable for claims related to design problems and a failure to warn regarding issues with the device.

Following the ruling, the court ordered the company to pay the claimant involved a total of $9.2 million for injury and financial losses.

Irwin Mitchell’s specialist Product Liability team is currently representing around 20 people who have suffered serious complications after being fitted with the Zimmer Durom cup implant, as well as others who have suffered similarly with other metal-on-metal hip replacement devices.

If you or a loved one has suffered due to metal-on-hip implants, our expert personal injury solicitors could help you claim compensation. View our Metal-On-Metal Hip Implants Claims page for more information.

Expert Opinion

“This is encouraging news, as there have been a couple of other trials in America which have failed largely because the best cases were not selected to go to trial. One was successfully defended on limitation and another because the medical evidence pointed towards infection as the cause of the prosthesis failure. <br/> <br/>“Essentially, these were anomalous cases, and we think this is the first one that has properly dealt with the question of whether the product was defective, so it’s very good that it has succeeded. <br/> <br/>“It should be remembered that this is a jury award, and so Zimmer have a right to appeal both against the decision and the value. In most cases, jury awards for damages get reduced quite significantly on appeal. <br/> <br/>“The English/Welsh Litigation is now progressing under the terms of a Group Litigation Order. The Court is likely to confirm in detail the timetable for the claims to be dealt with at the next management hearing in November. <br/> <br/>“English/Welsh Claimants must be aware that the last date for entry into the Group Litigation scheme is the end of October 2015, and so those considering joining the action should seek legal advice immediately. <br/> <br/>“Claimants from other EU countries may similarly be able to bring claims in this jurisdiction but will be subject to the same time limits.” Matthew Newbould - Associate