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Two Pershing Square
2300 Main Street, Suite 170
Kansas City, MO 64108
Telephone: (816) 221-6600
Toll Free: 1 (877) 284-6600
Fax: (816) 221-6612
In 2015, Gary Kline took Zimmer to court over its Durom Cup metal-on-metal hip implant. The jury found Zimmer liable for his health issues; however, the damages awarded were overturned on appeal. The trial court, in a decision upheld on appeal in 2018, ordered a new trial leading to a damages-only retrial.
The jury, asked to rule strictly on damages, unanimously awarded $7.68 million to Kline: $80,460.19 in past economic losses; $3.6M in past non-economic losses; and $4M in future non-economic losses.
The Durom Cup metal-on-metal hip implant is manufactured by Zimmer, Inc. In 2007, Kline at the age of 51 underwent hip surgery. Within 15 months, he underwent a second surgery due to the Zimmer implant. Kline, a very active individual, suffered scar tissue, nerve damage, stiffness and chronic pain. He now has limitations on his daily activities and relies on a cane for walking.
Thomas McAllister, et al. v. Zimmer Inc., et al., case number BC444834 in Los Angeles County Superior Court.
In 2008, after only two years on the market, Zimmer suspended sales of the Durom Cup in the US as claims arose that it was failing prematurely.’
A major problem with metal-on-metal hip implants is the rubbing that occurs between the two metal components of the device. This constant rubbing causes metal particles and shavings to get into the bloodstream and muscle, causing pain and leading to elevated blood metal levels, and oftentimes revision surgery.
Zimmer has now paid more than $400 million in metal-on-metal hip implant cases.
Questions? Our knowledgeable staff is available at (877) 284-6600.
The attorneys at Nash & Franciskato are experienced at representing those who have suffered the effects of metal-on-metal hip replacements. If you were implanted with a defective metal-on-metal hip implant, such as the Zimmer Durom Cup, and are having problems, contact us today for a free, no-obligation review of your case.
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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.