After a two week trial in Albuquerque, New Mexico, a judge cited “unreasonably dangerous design,” and ordered medical device manufacturer Zimmer Inc. to pay more than $2 million to a New Mexico man for a defective Zimmer Kinectiv hip implant.
In the verdict, Judge Nan G. Nash highlighted that Zimmer was liable for manufacturing and selling an unreasonably dangerous device. His decision went on to emphasize –
It is never appropriate to design a hip implant system that would create an unreasonable risk of injury to the health or safety of a patient. If a device is throwing off or creating so much metal debris and corrosion that it causes metallosis, that is not an acceptable risk of harm.
The Zimmer Kinectiv is comprised of multiple components, including a cobalt-chromium head and a titanium neck and stem. During the trial it was revealed that Zimmer had never adequately tested the hip implant components. The product was ultimately found defective because it allowed the liberation of enough metal debris to injure the hip joint and cause metallosis.
To date Zimmer has sold approximately 148,000 of the MLKT hip replacements in the United States since 2007. The Kinectiv implant falls under class of metal-on-metal hip replacement joints that have been widely used in the last 15 years. These same metal-on-metal replacement joints have been proven to be incredibly dangerous and defective. Widespread injuries and deaths have been caused by the defective implants and countless patients have required painful revision surgery. All of this has resulted in massive recalls and tens of thousands of lawsuits against manufacturers – many still waiting to be settled. Zimmer is no stranger to product recalls or lawsuits. In 2008, the company briefly recalled the Durom Cup hip component and the company was forced to pay for revision surgeries associated with the hip device. ManyDurom cup federal lawsuits are still awaiting trial.
If you or a family member have any questions about defective hip implants, or have suffered injuries because of the Zimmer, or any other, hip implant, please contact Saunders & Walker for a free consultation. We specialize in representing patients harmed by defective medical devices and are well positioned to advise you on all legal options available to protect your rights and obtain compensation for your injuries.
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