Westlaw News

Cal. appeals court grants new damages trial in $9.1 mln Zimmer hip implant case

A California appeals court panel in a 2-1 decision Friday found an earlier $9 million damages jury award to be excessive in the case of a Zimmer hip implant that plaintiff Gary Kline had alleged to be defective.

In 2015, a trial court judge in Los Angeles County Superior Court granted Zimmer’s motion for a new trial after finding the jury had reached a “hasty and excessive” verdict. Judge Amy Hogue had also offered plaintiff Kline, who underwent a total hip replacement surgery with Zimmer’s Durom Cup in 2007 at the age of 51, a remittitur to some $828,000 to allow the verdict to stand. But Kline, who was awarded $153,300 in medical expenses and $9 million for pain and suffering during the 2015 trial, rejected the proposal and appealed Hogue’s decision.

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