Kline et. al. v. Zimmer et. al.
Case Fact Sheet
$9.20M Verdict in First Hip Implant Case Against Zimmer, Inc.
Case Summary
On July 24, 2015, A Los Angeles jury awarded $9.20 million to Gary Kline, a 59-year-old California man who was injured by a defective metal-on-metal hip implant manufactured by Zimmer, Inc. Zimmer altered the Durom Cup’s plasma coating before introducing it to the American Market, and chose not to test the altered coating to determine its effectiveness. As a result, Zimmer’s Durom Cup forced Gary to undergo two grueling hip replacement surgeries in just 15 months and has left him living with chronic pain.
Verdict
July 24, 2015
$9,153,000 total award:
$153,000 medical bills
$2.4M past non-economic damages
$6.6M future non-economic damages
Liability: Zimmer 100%
Significance
First verdict against Zimmer, Inc. in a metal-on-metal hip implant case
Plaintiffs had no templates to work from; had to create their own
Case Information
Cause No. BC44 484 Gary Kline, et al v. Zimmer, Inc., et al
Trial length: 3 weeks Deliberation Length: 3.5 hours
Jurisdiction
Los Angeles County, Superior Court, California
Hon. Amy D. Hogue, presiding
Plaintiffs Experts (live testimony)
Roy Bloebaum Ph.D., Coatings Expert
George Samaras, Ph.D., D.Sc., PE, CPE, CQE, FDA Expert
Dr. Ryan Nunley, Orthopedic Surgeon
Dr. William Long, Orthopedic Surgeon
Defense Experts (live testimony)
Kevin Ong, Ph.D., P.E., Biomedical Engineer, Coatings Expert
Dr. James W. Pritchett, Orthopedic Surgeon
Hollace Rhodes, FDA Reviewer
Plaintiffs’ Counsel
Waters Kraus Paul & Siegel – Los Angeles, Dallas
David Bricker (lead trial counsel), Gibbs Henderson, Erin Wood
Defense Counsel
Norton Rose Fulbright, Los Angeles
Jan Dodd
Shook, Hardy & Bacon, Kansas City
David Brooks
Faegre Baker Daniels, Indianapolis
Stacy Prall
Disclaimer – Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for offsets, liens, attorney fees and expenses.
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