Thomas McAllister, Harold Arnold, Norman Bakkala, Lee Bohner, Daniel Coggeshall, Rosario Cook, Bonnie Cooper, Leonard Covell, Christopher Erb, David Feeney, Steve Gibson, Linda Goodrich, Alex Hezeltine, Ginger Johnson, Gary Kline, Uronika Knighton, Cynthia Mercer, Trudie Millerburg, William Montooth, Thomas Odekirk, Rosemary Ross, Susan Sargent, De
Published: Aug. 22, 2015 | Result Date: Jul. 24, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC444834 Verdict – $9,153,000
Court
L.A. Superior Central
Attorneys
Plaintiff
David N. Bigelow
(Girardi & Keese)
David Bricker
(Thornton Law Firm, LLP)
Thomas V. Girardi
(Girardi & Keese)
Defendant
Jan E. Dodd
(Shook Hardy & Bacon LLP)
Facts
Plaintiff Thomas McAllister, along with others who had Zimmer Inc.'s metal-on-metal hip implant device, the Durom Cup implanted, brought an action against its manufacturer Zimmer Inc. and various others associated with the company after experiencing pain and weakness post-surgery. Plaintiff Gary Kline was 51 when he underwent a total hip replacement surgery, resulting in the implantation of the Durom Cup.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they were injured by the defective Durom Cup. They alleged that Zimmer rushed to market with the Durom Cup and failed to test its effectiveness after changing a critical component for the U.S. market. They claimed that Zimmer intentionally mislead American surgeons into believing the product was successful and safe.
Injuries
Kline claimed that the two hip replacement surgeries he underwent in the span of 15 months left him with debilitating pain and severely restricted his ability to engage in tasks he once enjoyed.
Result
The jury awarded Kline $153,317.94 for past medical expenses, $2.6 million for past non-economic damages such as pain and suffering, and $6.4 million for future non-economic damages, for a total award of $9,153,000.
Other Information
The action is still pending for the other approximately 26 plaintiffs. FILING DATE: Sept. 1, 2010.
Deliberation
3.5 hours
Length
three weeks
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