Shine lawyers is investigating a class action against Zimmer Australia and Zimmer GMBH in relation to the Zimmer Durom Resurfacing system and the Zimmer Durom/Metasul Total Hip system. The class action will seek compensation for individuals that have suffered complications with the device since their hip replacement.
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Common questions about Zimmer Durom Hip Replacement Class Action
The class action will assert that the Zimmer Durom Resurfacing system and the Zimmer Durom/Metasul Total Hip system were not of merchantable quality, were not fit for their intended purpose and that they were defective and that Zimmer has been negligent.
About the Zimmer Durom implants
The Zimmer Durom implants are metal-on-metal hip replacement systems used in two types of hip replacement, namely hip resurfacing and total hip replacement. The Zimmer Durom Hip Resurfacing System was designed for hip resurfacing procedures in which the patient’s femoral head is ‘resurfaced” with a metal cap and an acetabular cup is inserted into the patient’s acetabulum (in the pelvis).
The Zimmer Durom Resurfacing therefore consisted of two components: an acetabular cup and a femoral resurfacing component.
Since the Zimmer Durom hip systems were released onto the Australian market in 2003, there have been many reported issues with the devices.
The reported issues include, but are not limited to:
- cup loosening
- metal wear
- persistent pain and discomfort
- femoral neck fracture
- hip dislocation.
On 30 October 2012 the Therapeutic Goods Administration (TGA) published online that Zimmer had cancelled the Durom acetabular component from the Australian Therapeutic Goods Registry due to the higher than acceptable revision rates.
In 2012 the Australian National Joint Replacement Registry (NJRR) identified the Zimmer Durom Hip Resurfacing System as having the following cumulative revision rates of:
- 7.5% revision rate at 5 years; and
- 9.3% revision rate at 7 years.
The most recent NJRR Report published in October 2013 identified the Zimmer Durom/Metasul Total Hip system as having cumulative revision rates of:
- 7.6% revision rate at 5 years; and
- 9 % revision rate at 7 years.
In the same report, the Alloclassic/Durom was identified as having a higher than anticipated cumulative revision rates of:
- 7.5% revision rate of individual total conventional hip at 5 years; and
- 7.1% revision of primary total conventional hip replacement with cementless fixation at 5 years.
According to the UK National Institute for Health and Clinical Excellence (NICE guidelines) revision that occurs within ten years of implantation of a hip replacement is widely accepted to be early revision.
A number of lawsuits have been filed in the United States and Canada in relation to the Zimmer Durom hip systems.
Some of these cases have settled and the remaining cases are progressing through the court systems.
We will not be pursing claims against the surgeons who implanted the Zimmer Durom hip systems because we believe the blame rests with the companies who have manufactured and marketed the implants and the best legal recourse is against these defendants.
We understand that you may be angry or disappointed in your treating surgeon. You may feel that your doctor should have known the implants would cause problems and therefore should not have recommended it to you. You may feel that your doctor was slow to respond to problems or didn’t appreciate your concerns about the symptoms you were experiencing.
Whilst these are very valid complaints, they alone do not amount to negligence on the surgeon’s part.
If the class action is successful you may be entitled to claim for pain and suffering and loss of enjoyment of life.
The amount you receive will depend on the severity of your injuries and whether your injuries are ongoing.
You may also be entitled to claim for economic loss (such as loss of wages or loss of earning capacity), domestic assistance, medical expenses and out of pocket expenses.
The class action will run on a No win no fee basis. Once we’ve established that you have a claim, we’ll handle the case on a No Win No Fee basis. What this means is that you will only ever pay our fee if your claim is successful.
Due to the nature of how class actions are run, some fees can be shared across the entire group of people who join the class action.
Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a lawyer. Shine Lawyers have offices in the following locations, but as part of our service offering, home or hospital appointments can be arranged at your convenience.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert class action lawyers that can help you determine your right to compensation. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in:
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