Eight locals sue hip replacement manufacturer over alleged defects
BY STEVE E. SWENSON, Californian staff writer sswenson@bakersfield.com
A hip replacement was supposed to cure Mary Shelton's pain. Instead, the Bakersfield woman replaced one pain with another.
Shelton and seven other local folks are suing the manufacturer and distributor of a hip replacement system.
Instead of being pain free, those suing felt strong pains in their groin areas for months, the lawsuits say. Even when they had replacement surgeries, most still suffer some pain, said their lawyer, Matthew Faulkner of Bakersfield.
All the suits are targeting the Durom Hip Resurfacing System. It's manufactured by Zimmer Inc. of Indiana and distributed in Kern County by an independent contractor, Roger Probasco.
The suits allege that the Durom system is defective because bone and tissues don't grow into them properly. A cup in the system has to be replaced with parts from another manufacturer, Faulkner said.
Zimmer stands behind their product. It's not defective, said Irvine attorney Michelle M. Fujimoto.
In paperwork filed with the court, the company says any problems can be blamed on the doctors who implanted the product, or on unusual conditions in the patients themselves.
She did not return a call Wednesday.
Faulkner noted that Zimmer stopped sales for a few months in 2008 until the company gave surgeons new instructions on how to implant them.
The Durom system was first sold in 2006. Faulkner said he doesn't know how many have been sold in Kern County, but the company has reported that about 15,000 have been implanted across the nation.
Faulkner filed the first of eight lawsuits in December 2008. One patient is in his 30s while the rest are generally in their 60s, he said. The youngest one is Robby George. The others are Shelton, Annie Housden, Randin McDonald, Kathleen Lyles, Judith Hinds, Angela Glinton and Gregory Barnet.
George has had the most improvement, Faulkner said. While the others have had some relief, they are still experiencing some levels of pain, he said.
The eight separate lawsuits against Zimmer and Probasco have been consolidated in Kern County Superior Court. A conference is set Oct. 22 before Judge William D. Palmer.
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