Zimmer Hip Replacement Lawsuit – December 2024 Update

The Zimmer Hip Replacement Lawsuit Is An Active Lawsuit

See If You Qualify!

Individuals nationwide are filing Zimmer Hip Replacement lawsuits after experiencing serious complications and injuries such as a broken thigh bone or postoperative periprosthetic femoral fracture. While many cases have been resolved, some lawsuits remain unsettled. New lawsuits are expected to be filed as more affected individuals come forward with claims of harm or injury connected to the use of these devices. 

Zimmer Hip Replacement Lawsuit Overview

Allegations against Zimmer Biomet, the maker of the hip implant device, include the product being defectively designed and the company failing to warn consumers and healthcare providers about the potential risks. Individuals who have filed Zimmer hip replacement lawsuits report severe complications and injuries such as metallosis (metal poisoning), mobility problems, and periprosthetic femoral fractures. 

Allegations in Zimmer Hip Replacement Lawsuits include:

• Product defect: Lawsuits allege defective design leading to premature failure or loosening of implants. The devices reportedly caused severe complications and the need for corrective or revision surgeries.
• Failure to Warn: Claims include Zimmer not adequately informing patients and healthcare providers of potential risks. Patients allegedly faced higher risks without proper knowledge.

Complications and injuries associated with Zimmer hip implant:

• Metallosis (Metal Poisoning): Caused by metal debris from metal-on-metal components. Leads to inflammation and damage to surrounding tissue.
• Periprosthetic Femoral Fractures (PFF): Increased risk of broken thigh bones near the device (periprosthetic femoral fractures). Patients with the CPT Hip System made of cobalt-chromium are reportedly twice as likely to suffer PFF as those with stainless steel devices. Some patients required corrective surgery due to these fractures.

Families across the country have filed lawsuits to hold Zimmer Biomet accountable and pursue compensation for injuries. While new lawsuits continue to be filed, a deadline for joining the Zimmer litigation is rapidly approaching. Individuals who have suffered complications after having a hip implant, including Zimmer’s M/L Taper Hip Prosthesis and VerSys Femoral Head, are encouraged to take legal action. 

Litigation is designed to hold Zimmer Biomet accountable for the alleged failures of its hip replacement products and to secure compensation for affected patients experiencing complications. Aggrieved patients should contact an experienced attorney for a free consultation.

Zimmer Hip Replacement Lawsuit – 2024 Updates and News

December 12, 2024: Two More Plaintiffs Harmed by Zimmer Hip Implants Receive Settlements

Attorneys representing people who suffered injuries related to their Zimmer hip replacements submitted a joint letter giving the court a vital status update on settlement talks for three pending individual lawsuits. These lawsuits are part of the larger federal multidistrict litigation against Zimmer. According to this letter, two of the plaintiffs—Joan James and Carol Dunn—reached a settlement with Zimmer. The terms of these settlements are not public yet. The third plaintiff—Amy Krishka—requested an additional 60 days to finalize talks to settle.

December 4, 2024: Study Shows About 10% of Zimmer ZMR Systems Lead to Fractures

A study published in the United Kingdom’s The Bone and Joint Journal showed that femur and stem fractures occurred in about 10% of patients who had hip replacements using the Zimmer Modular Revision (ZMR) stem. These fractures occurred soon after surgery and years after surgery, leading the authors to stress the importance of long-term monitoring of patients who received ZMRs. Although the ZMR system is different from the CPT Hip System that has been recalled, this study shows the potential negative side effects of hip replacement surgeries using Zimmer’s devices.

November 27, 2024: Plaintiffs and Defendants Discuss Important Case Schedule in Zimmer Hip Replacement Lawsuit

Parties in the consolidated hip replacement lawsuits against Zimmer, Inc. have agreed to a case management schedule. Many plaintiffs with Zimmer hip replacement products in their bodies suffered femoral (thighbone) fractures and metal poisoning. Scheduled items that the parties agreed to include sending HIPAA-compliant medical records release authorizations by the end of October and completing case-specific fact investigations by February 14, 2025.

November 22, 2024: Researchers Warn Against Increased Risk of Thigh Bone Fracture with Zimmer Hip Replacement System

Research done in the United Kingdom warns of an alarming increase in the risk of femoral (thigh bone) fractures with the use of the Zimmer hip replacement system. According to this study, thigh-bone fractures are the leading reason that people need follow-up operations after a total hip replacement. Patients who undergo this second major operation also have a higher risk of death.

November 2024: Lawsuits continue to be filed against Zimmer Biomet, alleging that their hip implant devices contain a design defect that can cause serious complications, including fractures after surgery.

September 2024: Zimmer Biomet sent a letter to surgeons after the U.S. Food and Drug Administration (FDA) issued a Medical Device Safety Communication related to the CPT Hip System Femoral 12/14 Neck Taper. The safety communication included recommendations that healthcare providers use an alternative to the device where available. 

July 2024: Voluntary recall was issued for the CPT Hip System Femoral Stem 12/14 Neck Taper to update instructions regarding the increased risk of thigh bone fracture after surgery (postoperative periprosthetic femoral fracture). Zimmer Biomet, however, also noted that they do not plan to phase out the device until December 2024.

About the Zimmer Hip Replacement Lawsuit:

What Is the Lawsuit Against Zimmer Hip Replacements?

Zimmer Hip Replacement devices are medical implants designed to restore mobility and relieve pain in individuals with severe hip joint issues, such as osteoarthritis, fractures, or other degenerative conditions. These devices are surgically implanted to replace the damaged hip joint. They are typically made of materials like metal, ceramic, or polyethylene, which aim to mimic natural joint function and withstand physical activity over time.

Zimmer Hip Replacement devices, in particular, are designed to improve joint stability and range of motion. However, issues such as device failure, loosening, or metal poisoning (if metal components release particles into the bloodstream) have been reported, leading to complications and additional surgeries for some patients. The FDA regulates these devices and has issued safety communications related to their use. They are available only through surgical implantation and have been associated with a number of adverse events leading to litigation.

Zimmer Hip Replacement Recalls in 2024

In July 2024, Zimmer Biomet issued a voluntary recall of the CPT Hip System due to the increased risk of thigh bone fractures. The recall was to allow an update to the instructions after reports of an increased risk of thigh bone fractures (postoperative periprosthetic femoral fractures) due to an identified design flaw of the Zimmer Biomet CPT Hip System Femoral Stem 12/14 Neck Taper. Research indicated that patients with the CPT implant had a significantly higher risk of suffering thigh bone fractures compared to those with other hip implants. At the time, the company also announced a planned phase-out of the sales of the device by December 2024. 

In September 2024, the FDA issued a public notice warning doctors and patients against using the Zimmer CPT implant system in future hip replacement procedures. The FDA ultimately urged healthcare providers to use alternative devices when possible. Prior to this recall, Zimmer Biomet had previously recalled other hip implant devices, including the Zimmer Durom Cup and specific models of the Zimmer M/L Taper.

Users of Zimmer hip replacement implants may face a higher likelihood of postoperative periprosthetic femoral fractures and may require additional surgeries to correct the fractures. Affected individuals are encouraged to seek legal counsel to determine whether they meet the eligibility criteria to file a lawsuit.

Signs Your Zimmer Hip Replacement Is Failing

Signs that your Zimmer hip replacement may be failing include persistent or increasing pain, reduced mobility and stiffness, swelling and inflammation, audible sounds from the hip, instability or dislocation, lumps or bumps around the hip, feeling of movement, leg length discrepancy, signs of infection, metallosis symptoms, elevated metal ion levels, and radiographic changes. Any new or worsening symptoms should be discussed with your healthcare provider immediately. 

Signs and Symptoms of a Failing Zimmer Hip Replacement Device:

• Persistent or Increasing Pain: Generally felt as pain in the hip, groin, thigh, or buttock area. It may also present as pain that doesn’t subside after recovery or new pain developing after a period of comfort. In some cases, it may cause discomfort during weight-bearing activities or even at rest.
• Reduced Mobility and Stiffness: Symptoms include difficulty walking, limping, trouble with normal gait patterns, limited range of motion in the leg or hip, and stiffness, especially after periods of inactivity.
• Swelling and Inflammation: Swelling around the hip joint or extending to the thigh or warmth and redness indicating inflammation or possible infection.
• Audible Sounds from the Hip: This may include popping or clicking sounds during movement. In some instances, it could cause grinding sensations, suggesting implant instability or component wear.
• Instability or Dislocation: Signs may include feeling that the hip is unstable or might give way or an actual dislocation causing severe pain and requiring immediate medical attention.
• Lumps or Bumps Around the Hip: Unusual lumps or bumps near the hip area.
• Feeling of Movement: Sensation that the joint has moved or slipped while walking.
• Leg Length Discrepancy: One leg feels longer or shorter than the other, causing difficulty maintaining balance or changes in posture.
• Signs of Infection: May include fever without another apparent cause, persistent redness, warmth, or drainage around the surgical site, or general malaise or feeling unusually fatigued.
• Metallosis Symptoms (Metal Toxicity): Symptoms include unexplained skin rashes or discoloration near the hip, neurological symptoms like numbness, tingling, or cognitive difficulties, and, in limited cases, cardiovascular issues.
• Elevated Metal Ion Levels: Blood tests show high levels of cobalt or chromium.
• Radiographic Changes: Implant loosening is visible on X-rays. Bone loss (osteolysis) around the implant may also be seen in imaging studies.

Zimmer Hip Implant Problems and Injuries

Reported problems and injuries of the Zimmer hip implant device include implant loosening or failure, metal toxicity (metallosis), adverse local tissue reactions (ALTR), dislocation, inflammation and pain, bone loss (osteolysis), increased risk of thigh bone fractures after surgery, corrosion-related complications, and trunnionosis. In some cases, these complications require additional surgeries to correct. 

• Implant Loosening or Failure: Premature loosening or failure of the hip implant. This leads to pain, instability, and difficulty walking. It may require revision surgery to replace or fix the implant.
• Metal Toxicity (Metallosis): Metal-on-metal components can wear against each other, releasing metal ions. Metal ions enter the surrounding tissue and bloodstream, causing tissue damage, inflammation, fatigue, and cognitive issues. It may necessitate revision surgery due to severe symptoms.
• Adverse Local Tissue Reactions (ALTR): Immune response to metal debris from the implant. Results in swelling, pain, and damage to muscles and bones around the hip joint and can lead to deterioration of surrounding tissues.
• Dislocation: The hip implant may dislocate from its proper position. It can cause severe pain and requires medical intervention to reposition. It also increases the risk of further complications and instability.
• Inflammation and Pain: Chronic inflammation due to the body’s reaction to metal particles or implant movement. Leads to persistent pain in the hip area. Affects mobility and quality of life.
• Bone Loss (Osteolysis): The body’s response to wear particles causes bone resorption around the implant. Weakens bone structure and compromises implant stability, which increases the risk of fractures and implant failure.
• Increased Risk of Thigh Bone Fracture After Surgery: Higher likelihood of postoperative periprosthetic femoral fractures. Associated with certain Zimmer hip implant models. Fractures may require additional surgical intervention.
• Corrosion-Related Complications: Corrosion between metal implant parts can occur. Leads to the release of metal debris and ions. It causes metallosis and other adverse reactions.
• Trunnionosis: Friction and wear between metal implant parts (ball and stem interface). Results in the release of tiny metal particles. It causes inflammation, metallosis, and tissue damage.

Eligibility Criteria to File a Zimmer Hip Replacement Lawsuit

To file a Zimmer hip replacement lawsuit, individuals must meet certain criteria, including having had a Zimmer CPT Hip System device implanted and undergoing surgery on one or multiple hips using a Zimmer Biomet hip replacement device. Due to statutes of limitations, which may limit the amount of time a person has to take legal action, it is strongly recommended that aggrieved individuals contact an attorney as soon as possible. 

Eligibility criteria to file a Zimmer hip replacement lawsuit:

• Implanted Zimmer CPT Hip System Device: Individuals with a Zimmer CPT Hip System device implanted or who have undergone surgery on one or multiple hips using a Zimmer Biomet hip replacement device.
• Broken Thigh Bone: Individuals must have suffered a fracture, such as a broken thigh bone (postoperative periprosthetic femoral fracture).
• Revision Surgery Requirements: Must have had revision surgery within a specific timeframe, have had, scheduled, or been advised to undergo corrective surgery, or have experienced additional revision surgeries beyond the initial procedure.

Several factors may affect eligibility, including the model of the Zimmer Biomet device implanted, the nature and severity of the complications suffered, and whether the issues impacted the person’s quality of life, such as personal well-being and daily functioning. 

Due to the complexity of Zimmer hip replacement lawsuits, individuals should consult with a legal professional as soon as possible to help determine eligibility based on their individual circumstances.

Disqualifying Factors in the Lawsuit

Disqualifying factors in a Zimmer hip replacement lawsuit may include things like expired statutes of limitations, lack of documented injuries or complications, implants that are not part of the litigation, injuries unrelated to the implant, prior settlements or release of claims, non-compliance with medical advice, and insufficient evidence.

Factors that may be disqualifying in a Zimmer hip replacement lawsuit:

• Expired Statute of Limitations: Each state has a statute of limitations for filing personal injury or product liability lawsuits, typically ranging from 1 to 6 years from the date of injury or discovery. If this period has passed, a person may be barred from filing a lawsuit, regardless of the merits of your case.
• No Documented Injuries or Complications: If you have not experienced any adverse effects, injuries, or complications from your Zimmer hip implant, you may not have grounds for a lawsuit. Additionally, eligibility often requires that you have undergone, been advised to undergo, or scheduled revision surgery due to implant failure or complications.
• Implant Not Part of the Litigation: You may be disqualified if the hip implant you received is not the Zimmer CPT Hip System or another device involved in the current litigation. Lawsuits are specific to the manufacturer; having a device from a different company would exclude you from Zimmer-related lawsuits.
• Injuries Unrelated to the Implant: If your injuries are due to surgical errors, accidents, or other medical conditions unrelated to the Zimmer implant, you may not be eligible. Complications arising solely from pre-existing health issues may also disqualify you.
• Prior Settlement or Release of Claims: If you have already settled with Zimmer Biomet or signed a release waiving your right to sue, you cannot file another lawsuit on the same grounds. Involvement in a class-action settlement may also limit your ability to pursue individual claims.
• Non-Compliance with Medical Advice: Not adhering to post-operative care instructions or medical advice may weaken your claim. If your actions contributed to the failure or complications of the implant, it might disqualify you or reduce potential compensation.
• Insufficient Evidence: Without medical records, proof of implant, or evidence of complications, establishing a case is challenging. Difficulty in proving that the Zimmer implant directly caused your injuries can be a disqualifying factor.

Legal professionals can clarify whether disqualifying factors apply to your situation and advise on the best course of action. It is imperative to act quickly as legal timelines may be expiring soon.

Evidence Needed to File a Zimmer Hip Replacement Lawsuit

Zimmer hip replacement lawsuits generally require the collection of comprehensive evidence, including medical records, proof of implant failure or complications, personal medical history, financial documentation, communication records, witness statements, and product information. 

Evidence to collect in a Zimmer hip replacement lawsuit:

• Surgical Reports: Documentation of the initial hip replacement surgery, including date, hospital, and surgeon’s notes.
• Implant Identification: Records specifying the exact model and serial number of the Zimmer hip implant used.
• Revision Surgery Records: Reports of any additional surgeries, including outcomes and surgeon’s notes.
• Diagnostic Tests: Results from X-rays, MRIs, CT scans, or blood tests showing implant failure, metallosis, or elevated metal ion levels.
• Physician’s Notes: Clinical notes detailing symptoms, diagnoses, and recommended treatments.
• Hospital Records: Admission and discharge summaries, medication records, and inpatient care details.
• Adverse Event Reports: Documentation of complications like implant loosening, dislocation, fracture, or metallosis.
• Lab Results: Blood tests indicating elevated levels of metal ions such as cobalt or chromium.
• Pathology Reports: Tissue analyses showing damage due to metal debris or implant-related issues.
• Imaging Studies: Radiographic evidence of implant misalignment, loosening, or bone loss (osteolysis).
• Symptom Diary: Detailed log of symptoms experienced, their severity, and impact on daily activities.
• Pain Assessments: Records of pain management treatments, medications taken, and their effectiveness.
• Physical Therapy Records: Documentation of rehabilitation efforts and any limitations during recovery.
• Medical Bills: Invoices and receipts for surgeries, hospital stays, doctor visits, medications, and rehabilitation services.
• Insurance Statements: Explanation of Benefits (EOB) showing coverage and out-of-pocket expenses.
• Lost Wages Records: Pay stubs or employer letters verifying time off work due to medical issues or surgeries.
• Additional Expenses: Costs for assistive devices, home modifications, or in-home care necessitated by your condition.
• Correspondence with Healthcare Providers: Emails, letters, or messages discussing implant issues and treatments.
• Affidavits from Medical Professionals: Statements from doctors or surgeons linking complications to the Zimmer implant.
• Testimonies from Family or Caregivers: Accounts of how the condition has affected quality of life and daily functioning.
• Device Packaging or Labels: Any packaging, labels, or informational brochures that came with the implant.

Working with an attorney can help ensure you collect the evidence necessary to substantiate your case. It strengthens your case against Zimmer Biomet for hip replacement complications and allows your attorney to assess the viability of your claim adequately.

Recoverable Damages in the Zimmer Hip Replacement Lawsuit

Individuals who suffered thigh bone fractures after having a Zimmer Hip Replacement device installed may be entitled to both economic and non-economic damages. In some cases, individuals may also be entitled to punitive damages designed to hold Zimmer Biomet accountable for reckless or fraudulent conduct.

Damages You Can Recover in the Zimmer Hip Replacement Lawsuit:

Economic Damages

• Medical Expenses: Costs for surgeries, hospital stays, medications, rehabilitation, and assistive devices.
• Lost Wages and Earning Capacity: Wages lost due to recovery time and diminished future earning potential.
• Out-of-Pocket Expenses: Travel costs, home care services, and other injury-related expenses.

Non-Economic Damages

• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Enjoyment of Life: Inability to participate in activities once enjoyed.
• Loss of Consortium: Negative impact on relationships with family and spouse.

Punitive Damages

• Purpose: To punish Zimmer Biomet for reckless or fraudulent conduct and deter future misconduct. May be awarded if there is evidence of gross negligence, willful misconduct, or fraudulent representation.

Legal Fees and Court Costs

• Attorney’s Fees and Litigation Costs: Recoverable expenses may include attorney’s fees and litigation costs.

Several factors may affect the potential compensation amount, including the severity of injuries, impact on a person’s daily life, plaintiff’s age and health status, degree of negligence by Zimmer Biomet, and state laws regarding damages.

How to File a Zimmer Hip Replacement Lawsuit

To file a Zimmer Hip Replacement Lawsuit, individuals should follow a five-step process beginning with confirming eligibility and consulting with an experienced attorney. It is essential to stay in touch with your legal representative throughout the process and follow the guidance of your healthcare provider to ensure the best possible outcome. 

Step-By-Step Guide to a Zimmer Hip Replacement Lawsuit: 

1. Confirm Eligibility: Ensure you experienced a confirmed Zimmer Hip Replacement complication, such as device loosening, metal poisoning, fractures, or other severe adverse effects. Collect proof of your Zimmer Hip Replacement procedure, such as surgical records or product information from your healthcare provider.
2. Consult an Experienced Lawyer: Seek attorneys well-versed in medical device litigation or product liability, particularly those with experience in hip replacement cases. Many law firms offer free consultations to assess the strength of your case and potential legal strategies.
3. Gather and Prepare Necessary Documentation: Collect medical records confirming device complications, including hospital records, diagnostic reports, and any follow-up treatments or corrective surgeries. Gather evidence of the Zimmer Hip Replacement device used, such as surgical documentation, implant records, or device serial numbers. Compile statements from healthcare providers or family members who can corroborate the implant’s use and the onset of complications.
4. File the Lawsuit: Your lawyer will draft and file a legal complaint against Zimmer Biomet, the device manufacturer. Ensure the lawsuit is filed within the applicable statute of limitations, which varies by state.
5. Monitor Health and Follow-Up: Continue monitoring your health and receiving necessary medical care related to the implant. Maintain communication with your attorney regarding the progress of the lawsuit.

Zimmer Hip Replacement Lawsuit Settlement Amounts

Zimmer Biomet has faced thousands of lawsuits nationwide over faulty hip replacements. While eligibility for some of these lawsuits has closed, some patients meet the criteria to take legal action or join pending litigation against the manufacturer. 

Previous Zimmer Biomet Holdings Lawsuit Settlements:

• 2010 Settlement Fund: Zimmer set up a $47.5 million fund to settle individual lawsuits related to faulty hip implants.
• 2016 Durom Cup Settlements: Settled hundreds of multidistrict litigation lawsuits over Durom Cup hip implants. Offered a total settlement of $314 million, with a base award of $175,000 per hip.
• April 2022 Settlements: Settled a portion of 302 lawsuits related to the M/L Taper Hip Prosthesis under a confidential agreement.

Settlement amounts are determined by specific factors, including the severity of the injury, the complications experienced, and whether the injuries resulted in short- or long-term disability. Courts have awarded millions of dollars to individual plaintiffs for injuries and damages. Zimmer also offered a base award of $165,000 per hip for Durom Cup complications. 

Estimated Settlement and Payout Amounts:

The estimated settlement amounts for Zimmer Biomet hip replacement lawsuits range between $75,000 and $200,000 per person. Factors, however, could increase or decrease the actual amount received by each plaintiff.

Zimmer Hip Replacement Lawsuit Statute of Limitations

The legal time frame for filing a Zimmer Hip Replacement lawsuit varies by state, usually ranging from 1 to 6 years. Most states allow 2 to 3 years from the date of injury or discovery to file personal injury claims related to Zimmer Hip Replacements. Similar time frames apply for product liability claims, with the clock starting when the injury or harm is discovered.

Under the Discovery Rule, the statute of limitations may begin when complications, such as fractures, device loosening, or metal toxicity, are diagnosed or linked to the Zimmer device, extending the filing period if the injury wasn’t immediately apparent. The statute of limitations may also be paused if the plaintiff is a minor or legally incapacitated, starting once they turn 18 or regain capacity.

Taking timely action is paramount, given the short statute of limitations that applies in some states. It is essential to consult with an attorney promptly to ensure your case is filed within the appropriate time frame. To ensure the best possible outcome in your case, it is suggested that you gather the necessary documentation early since collecting medical records and proof of the Zimmer device implantation can take time.

Contact a Zimmer Biomet Hip Replacement Lawyer

Individuals who suffered complications, such as a broken thigh bone, after having a Zimmer hip replacement device installed are encouraged to contact King Law to speak with an experienced attorney. The legal team at King Law is well-versed in Zimmer Hip Replacement lawsuits related to device failures and other serious complications. 

The attorneys have extensive experience handling medical device litigation and work strategically to secure the compensation clients deserve. King Law attorneys are committed to advocating for those affected by Zimmer Hip Replacement devices, ensuring that each case is handled with expertise and care, from gathering evidence to navigating settlement negotiations.

Frequently Asked Questions (FAQs)