Judge Awards $2 million in Zimmer Hip Implant Injury Case
.An injury caused by a Zimmer hip implant has led to a $2 million award in a New Mexico lawsuit. The device in question is the dual modular hip implant, the M/L Taper Hip Prosthesis with Kinectiv Technology (MLTK) and a cobalt-chromium head.
New Mexico Judge Nan G. Nash ruled that the plaintiff’s injury was more than likely caused by insufficient product testing and defective design. The plaintiff experienced metallosis (Metal poisoning) from the metals used to construct the hip implant.
The award followed a two-week bench trial. “It is never appropriate to design a hip implant system that would create an unreasonable risk of injury or safety to a patient,” Wrote Judge Nash afterward.
In June of 2010, the plaintiff received the MLTK. By May of the following year, he complained of several complications including hip and groin pain, along with a loss of flexibility. In Oct. and Nov. of 2011, he had to have two surgeries to treat these problems. The cobalt-chromium head was later replaced with a ceramic one. In December 2016, the man filed his case in the Second Judicial Court in Albuquerque, New Mexico.
On March 31, 2017, Judge Nash issued a 27- page decision stating that the plaintiff will probably have to suffer further operations due to his hip implant injury. The Judge noted that the implant has forced the plaintiff into a permanent course of antibiotics, and has left him unable to play golf or tennis. “It is more probable than not that a reasonable likelihood of recurrent infection exists,” and that the man will likely need a “third operation and more complicated revision surgery in the future.”
The Judge further wrote the additional surgery would cost $250,000, involving the complete removal of all implant parts with a two to three-month period to allow the infection to be killed. This will result in the plaintiff being confined to a wheelchair.
Metal on Metal Hip Implants are the cause of a huge number of litigations in the United States. The main reason for this is the release of metal shards into the immediate area of the implant, and into the bloodstream. This can cause necrosis of tissue, as well as blood poisoning and severe inflammation. Hip implants are presumed to have a lifetime of ten years. But, more and more the Metal on Metal Hip Implants are showing signs of breaking down much quicker, sometimes only a few years after the initial attempt to treat the problem hip.
Zimmer also finds itself involved in multidistrict litigation (MDL) in New Jersey, U.S. District Judge Susan D. Wigenton presiding. MDLs are often created when similar complex cases are grouped together to streamline the process of judication, eliminating the need to duplicate discoveries, resulting in a less expensive and quicker outcome.
The Food and Drug Administration is responding to the number of problems attached to the Metal on Metal Hip Implant replacements. In response, The FDA has asked all manufacturers to conduct additional safety studies. Studies now show that Metal on Metal Hip Implants have a high rate of failure, leading a call for this kind of implant to be banned. Metal on Metal Hip Implant shows a higher failure rate for women than in men. Patients with these implants should have an annual blood test to make sure the implant is not causing them problems. If swelling, reduced movement or pain occurs, people should have an MRI scan to check for damage due to the implant.
Initially, it was supposed that Metal on Metal implants would be stronger than ceramic or plastic implants. This saw many doctors recommending the devices to their patients. Increased complications with the Metal on Metal Hip Implants have seen a substantial shift away from these devices.
Contact Parker Waichman LLP for Your Zimmer Hip Implant Injury Case Evaluation
Are you experiencing difficulty as the result of a Zimmer Metal on a Metal Hip Implant replacement? As a national law firm, Parker Waichman LLP has extensive experience and success in medical device litigation including allegedly defective hip implants. Call us today at 1-800-LAWYER (1-800 968-7529) for your free Zimmer Hip Implant case evaluation.