On May 31, 2007, plaintiff Gary Kline, 51, underwent insertion of a metal-on-metal right hip implant with the Zimmer Durom Acetabular Component (or “Durom Cup”), a hip replacement component, manufactured by Zimmer Inc., that was designed to boost durability and range of motion. The Durom Cup later failed. After 15 months of continued pain and problems, Kline’s surgeon removed the Durom Cup and inserted a new implant on Sept. 25, 2008. Kline sued Zimmer Holdings Inc. (formally Zimmer Inc.) and its other entities, including Zimmer-Cook Associates Inc., alleging the original implant was defectively designed and that its failure was causing continuing pain and limitations. He also alleged that Zimmer failed to train surgeons in how properly implant the product. Kline’s claim was added to several related cases under the initial filing of “Thomas McAllister et al. v. Zimmer Inc. et al.” However, Kline’s claim was the first case to go to trial. On July 24, 2015, the jury found that the product was defective in that Zimmer altered the Durom Cup’s plasma coating and did not test the altered coating to determine its effectiveness before bringing the medical device to the United States market. It also found that Zimmer hid the fact that the U.S. Durom Cup was not the same as its European counterpart. The jury determined that Kline’s damages totaled $9,153,317.94. However, the trial court overturned the verdict and granted a new trial on liability and damages. Kline appealed the trial court’s decision, and in April 2018, the appellate court overturned the post-trial decision, reinstated the finding of liability against Zimmer, and ordered a new trial on damages., Kline claimed that he is left with significant chronic pain in his right hip from muscle and nerve damage and that he will have to deal with the pain for the rest of his life. Plaintiff’s counsel contended that Kline was told that with the Durom Cup, he should expect to recover 98 percent of his function and ability and that he would return to all of the active activities he enjoyed, such as hiking, hunting, fishing, motorcycle riding and bike riding. Counsel contended that Kline will not be able to gain further function and ability to his hip, nor would he be able to return to the activities he once enjoyed due to the recurrent chronic pain and damage to his body. Kline is now 63 and a retired chief executive officer for a small company. Defense counsel disputed Kline’s alleged damages, arguing that Kline had significant, pre-existing pain before the cup was implanted. Counsel also asserted that the jury should limit any claim of damages to the years 2007 to 2010 and that the jury should award no more than $200,000 in total damages plus past medical expenses.