Pa. Court Voids $28M Verdict Against Zimmer, Marketing Co.

Law360, Philadelphia (January 2, 2014, 2:27 PM EST) -- Medical device manufacturer Zimmer Inc. and marketing firm Public Communications Inc. will get a second chance to defend themselves against claims stemming from a knee replacement procedure after an en banc panel of the Pennsylvania Superior Court recently struck down a $28 million verdict in the case.

The court agreed on Dec. 20 that instructions given to the jury had improperly shifted the burden of proof by suggesting that it was up to the defendants to provide medical evidence that something other than plaintiff Margo Polett's participation in a marketing video for Zimmer's so-called Gender Solutions artificial knee had caused her...

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