New Trial on Damages Warranted in Durom Hip Cup Case, Calif. Appeals Court Affirms

LOS ANGELES — A California appellate court has affirmed that a new trial on damages is warranted in a Durom Hip Cup action, agreeing with the trial court that the $9.15 million award was excessive, and that Zimmer was prejudiced by plaintiffs’ counsel’s misconduct.

However, in the April 27 ruling, the California Court of Appeal, 2nd District, further affirmed that a new trial on liability is not warranted because the evidence supported the jury’s conclusion that the Durom hip device was defective.

In 2007, Gary Kline underwent a total hip replacement, which included implantation of the Zimmer Durom Acetabular Component. …