Plaintiff Wins $7M In Retrial Verdict Against Zimmer

Plaintiff Wins $7M In Retrial Verdict Against Zimmer

Introduction

A plaintiff, who suffered from chronic pain as a result of Zimmer’s defective implant and was forced to undergo two hip replacement operations in 15 months, has been awarded $7.68 million by a California state jury.

The plaintiff underwent his first surgery in 2007 when he was 51 years old. Due to the defective implant, he had to undergo a second surgery which left him with chronic pain, nerve damage, scar tissue, limitation on his daily activities and had to rely on a cane for walking.

An initial verdict of $9.2 million was awarded in July 2015 by the California Superior Court jury. But in October 2015, Superior Court Judge Amy D. Hogue made an offer to the plaintiff, either to accept a 90 percent reduction of a jury’s verdict or go through a new trial, calling the verdict significantly excessive. She also reduced the medical expenses down to $73,000.

In April 2018, Zimmer was granted a new trial on damages by California Court appeals after determining that the plaintiff’s attorney, made misrepresentations about factors including the value of the medical device industry and the amount of plaintiff’s medical expenses.

On July 26, 2019, a new jury found Zimmer Inc. liable for $4 million in future non-economic loss, $3.6 million in past non-economic loss, and more than $80,000 in medical expenses.

Zimmer Biomet has been blamed in nearly 300 product liability lawsuits. The lawsuits are consolidated under MDL No. 2272 in the U.S. District Court for the Northern District of Illinois, presided by Judge Rebecca R. Pallmeyer. Zimmer Durom Hip Cup lawsuits are consolidated under MDL No. 2158 in the U.S District of New Jersey, presided by Judge Susan D. Wigenton.