Plaintiff prevails over hip implant maker in this damages-only retrial of a defective medical device.
LOS ANGELES — A Los Angeles jury has awarded $7.68 million to a former California resident injured by a defective metal-on-metal hip implant manufactured by Zimmer, Inc. This was a retrial in which the jury was asked to rule on damages only. Zimmer’s Durom Cup forced Plaintiff Gary Kline to undergo two grueling hip replacement surgeries within 15 months, leaving him with scar tissue, nerve damage, stiffness, and chronic pain.
Mr. Kline was just 51-years-old when he had his first hip surgery in 2007. A motorcycle and golf enthusiast, Mr. Kline had a zest for life, waking up each morning ready to attack the day. Due to the effects of his two hip surgeries, the second of which was necessitated by the defective Zimmer hip implant, he now endures chronic pain, limitations on his daily activities, and he relies on a cane for walking.
Mr. Kline’s case was initially tried in July 2015, at which a verdict was entered in his favor. After affirming the liability verdict, the court of appeals sent the case back to the trial court to be tried on damages only.
The case was retried on the damages beginning on July 22, 2019. The jury ruled that Zimmer, Inc.’s defective product caused Mr. Kline: $80,460.19 in past economic losses; $3,600,000 in past non-economic losses; and $4,000,000 in future non-economic losses. The verdict, which was unanimous, was delivered on July 29, 2019.
Following the verdict, Waters Kraus & Paul partner Gary Paul announced, “We’re thrilled to see Mr. Kline finally get some justice after 12 years of pain and delay.” According to Waters Kraus & Paul partner, Gibbs Henderson, “it’s not an overstatement to say this Zimmer product has affected, and will continue to affect, every facet of Gary Kline’s life.”
Gary Kline is represented by Gary M. Paul, a partner at Waters Kraus & Paul in Los Angeles and Gibbs Henderson, a partner at Waters & Kraus, LLP in Dallas.
About Waters Kraus & Paul
Waters Kraus & Paul is a national plaintiffs’ law firm devoted to helping families in personal injury and wrongful death cases involving asbestos and mesothelioma, benzene exposure, dangerous pharmaceuticals, medical devices, and birth defects caused by pesticides, toxic chemicals, opioid use, and semiconductor chip manufacturing. The law firm also represents plaintiffs in qui tam whistleblower matters and cases that uncover false claims submitted to the government. Based in Dallas, Texas, with offices in Los Angeles, California, Baton Rouge, Louisiana, and by appointment in Moline, Illinois, Waters Kraus & Paul has represented families from all fifty states and many foreign countries, as well as foreign governments.
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