Zimmer (NYSE:ZMH) will get another chance to defend itself and possibly overturn a $27.6 million verdict in favor of a knee implant patient who said she re-injured her joints while making a Zimmer promotional video.
Plaintiff Margo Polett claimed that activities she engaged in for the video, including riding a bicycle and running on a treadmill, resulted in new damage to her knees, both of which were replaced in 2006.
Polett sued for negligence, saying that injuries incurred during the filming of the marketing video resulted in 4 revision surgeries after she was left with persistent pain.
A jury awarded Polett millions in damages after finding that Zimmer was 34% culpable. The jury also put 30% of the blame on Polett herself and 36% on the marketing firm Public Communications for its involvement with the ad, Law360.com reported.
A Superior Court panel of judges this week ruled that the lower court incorrectly shifted the burden of proof onto Zimmer, asking the company to provide alternative explanations for Polett’s revisions surgeries, and thus leading the jury to a potentially false conclusion.
Polett’s attorneys called the court’s decision to grant appeal "badly mistaken," saying that they plan to move for immediate en banc review of the case.