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MCDONALD v. ZIMMER INC.

No. A-1-CA-36565.

461 P.3d 930 (2019)

2020-NMCA-020

Michael Brian MCDONALD, Ph.D, Plaintiff-Appellee, v. ZIMMER INC., and Zimmer Holdings Inc., Defendants-Appellants, and Lamorris Richard Herrin, Jr. and RK Orthopedics, LLC, Defendants.

Court of Appeals of New Mexico.

Filing Date: December 30, 2019.

Attorney(s) appearing for the Case

McGinn, Montoya, Love & Curry P.A., Randi McGinn , Katie Curry , Albuquerque, NM, Kerry Kiernan, P.C., Kerry Kiernan , Albuquerque, NM, for Appellee.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Nelson Franse , Krystle A. Thomas , Edward Ricco , Albuquerque, NM, Faegre Baker Daniels LLP, Michael J. Kanute , Chicago, IL, Bruce Jones , Minneapolis, MN, for Appellants.

OPINION

{1} Zimmer Inc. and Zimmer Holdings Inc. (collectively, Defendants) appeal the district court's finding of strict liability for a design defect in the hip prosthetic implanted in Brian McDonald (Plaintiff). Following a bench trial, the district court concluded that the design of the prosthetic was unreasonably...

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