Warner v. Wright Medical Technology, Inc. CA2/3
Plaintiff Alan Warner and his wife, Patricia Warner, sued Wright Medical Technology, Inc. (Wright Medical), for strict products liability and negligence after a section (the stem) of plaintiff’s hip prosthesis fractured. Plaintiff has since undergone a series of additional surgeries to revise the hip replacement and to address persistent infections in his hip joint, conditions which have substantially and negatively impacted plaintiffs’ quality of life. A jury found plaintiff’s stem suffered from a manufacturing defect and awarded plaintiff $2 million for past pain and suffering and $2 million for future pain and suffering; Mrs. Warner received $500,000 for loss of consortium. After plaintiffs rejected a proposed remittitur, the court ordered a new trial on damages only. Both sides appeal.
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