Calif. Appeals Court Orders New Trial in Zimmer Hip Replacement Case
May 31, 2022
LOS ANGELES — A California appellate court has ordered a new trial in a Durom Cup hip implant action, ruling the trial court erred in excluding Zimmer’s expert testimony, which it offered to show that the plaintiff’s injuries may have been attributable to other causes.
In a May 26 published opinion, the appellate panel explained it is joining other state and federal courts which recognize that the reasonable medical probability requirement applies only to the party bearing the burden of proof on the issue that is the subject of the opinion.
“Complex questions of medical causation are prone to uncertainty. …