Getting a Zimmer Durom Cup Settlement

Written By Chouhab on vendredi 16 janvier 2009 | 07:01

By Maxwell Schmickman

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.

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.

When you know for sure that you have a valid case, don't expect anything to happen too quickly. Your lawyer will want to take the time to ensure that you get everything you have coming to you. Listen to his advice, and never accept a speedy settlement directly from Zimmer. Wait until everything is resolved so that you can get all the compensation that you deserve.

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