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In a March 31, 2017 ruling, Zimmer was ordered to pay more than $2 million to a New Mexico man for a defective hip implant with an “unreasonably dangerous design.”
The product in question is Zimmer’s dual modular hip implant, the M/L Taper Hip Prosthesis with Kinective Technology (MLTK) and a cobalt-chromium head. The company had to deal with a major recall of the same device in 2015 due to manufacturing residues.
New Mexico Judge Nan G. Nash ruled for the plaintiff on the grounds of strict product liability. The judge traced the product defect to Zimmer’s testing its components in isolation, but not their interactions together, which would have determined their potential harm.
In February 2010, the plaintiff was suffering right hip pain that was preventing him from his usual activities. In June of that year, he received the MLTK implant. By May 2011, the plaintiff suffered from hip and groin pain and loss of flexibility resulting in two corrective surgeries where the doctor implanted two new prostheses and replaced the cobalt-chromium head with a ceramic head.
Judge Nash wrote,“It is more probable than not that Plaintiff will need a third more complicated revision surgery in the future.”
In determining the damages of $2.027 million, the judge apportioned it into:
The attorneys at Nash & Franciskato have extensive experience handling hip replacement litigation and are very familiar with Zimmer and their products. If you have any questions about your hip implant, contact us for a free, no-obligation review of your case.
Our knowledgeable staff is available at (877) 284-6600.
Past results afford no guarantee of future results and each case is different and is judged on its own merits.