Durom Cup fails to adhere to bone, suit alleges

Michelle Massey, East Texas Bureau Mar. 22, 2010, 6:40am

MARSHALL-Plano resident Victor Barakat received a left total hip replacement using a Durom Cup, an implantable orthopedic reconstructive device.

Claiming he endured almost three years of pain with symptoms of a loose implant, Barakat underwent a revision surgery in April 2009 to remove and replace the Durom Cup because it had failed to properly bond to the bone.

Alleging the device was defectively designed, Barakat filed suit against Zimmer Inc. and Zimmer Holdings Inc. on March 10, in the Marshall Division of the Eastern District of Texas.

According to the complaint, the device is supposed to incur permanent fixation through bone in-growth into its porous shell. However, the plaintiff alleges the design of the Durom Cup causes it to separate instead of adhering to the bone.

Barakat argues that the device did not meet specifications and guidelines of the U.S. Food and Drug Administration. He also claims the defendants used "unconscionable commercial business practices" by concealing material facts about the implant.

Causes of action filed against the manufacturers include failure to warn, design defect, marketing defect, manufacturing defect, negligence, negligent misrepresentation, breach of implied warranty.

The plaintiff is seeking damages for physical pain and suffering, physical impairment, mental anguish, medical expenses, lost earnings, lost earning capacity, attorneys' fees, court costs and interest.

Asking for an award of punitive damages, Barakat argues that the defendants were aware of the "extreme degree of risk caused by the defects in the Durom Cup, but preceded with conscious indifference to the rights, safety, and welfare of others, namely Plaintiff."

Longview attorney Douglas C. Monsour of The Monsour Law Firm is representing the plaintiff.

U.S. District Judge T. John Ward will preside over the litigation.

Case No. 2:10cv0083

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