Zimmer Hip Implant Class Action

Klein Lyons is pursuing a class action on behalf of Canadians who suffered injury due to the failure of their Zimmer hip implants. The case is against Zimmer, Inc., and related companies, manufacturers of the Zimmer Durom Cup hip implant. Across North America and in Europe there have been scores of reports that the implant does not heal properly after surgery and that it fails to adhere to the surrounding bone. Instead, it remains loose or separates from the bone, causing the patient excruciating pain. It must be removed, requiring the patient to undergo further hip surgery. Patients in Canada may wait months for such surgery, unable to work or participate in their normal activities in the interim.

The action was started by Dennis Jones of Langley, BC, and Susan Wilkinson of Osoyoos, BC, who each received a Zimmer hip implant and had to undergo revision surgery when the implant failed. Many other Canadians have since joined the lawsuit. ...the implant does not heal properly and fails to adhere to the surrounding bone. Instead, it remains loose or separates from the bone, causing the patient excruciating pain.

Concerns about the hip implant were first raised in the United States in early 2008 by orthopedic surgeons who had observed an unusual number of failures with the device. Initially, Zimmer sought to blame the doctors for these failures, even though the complaints were coming from very experienced surgeons. On July 22, 2008, however, Zimmer initiated a recall of the product in the United States. Zimmer took the position that the problems reported with the device in the Unites States were unique to that country, and that the implant sold there was different from that sold in other countries. Because of that, Zimmer did not immediately issue a recall in Canada. Subsequently, however, the company did take action in other countries, issuing an urgent safety notice in the United Kingdom on October 13, 2009, and a recall notice in Canada on November 15, 2009 — nearly two years after reports of problems in the United States.

One of the goals of this lawsuit is to get answers for our clients. Many questions arise as to the apparent discrepancy between the marketing of this product in Canada and the United States. It is alleged that the product was defective and that the Defendants failed to adequately test their product, failed to promptly follow up on complaints about the implant and failed to initiate a timely recall. Instead, the Defendants incorrectly blamed the hip implants’ failures on physicians.

The lawsuit is now before Mr. Justice Bowden of the British Columbia Supreme Court in Vancouver. The court has established a schedule for the case, leading to argument on class certification on February 7, 2011. More on the Zimmer Hip Class Action.