Kransky

INTRODUCTION

DePuy Orthopaedics, Inc. appeals from a judgment in favor of Loren Kransky after a five-week jury trial.1 The jury found DePuy strictly liable under Montana law for the defective design of a hip implant that doctors ultimately had to remove from Kransky’s hip in a risky and painful revision surgery. The jury awarded Kransky over $8.3 million: $338,136.12 in economic damages for medical expenses and $8 million in noneconomic damages. The jury did not find that DePuy acted with fraud or malice. DePuy challenges several evidentiary rulings, including the exclusion of evidence related to the hip implant’s clearance by the federal Food and Drug Administration (FDA) for sale in the United States, and the admission of certain testimony by Kransky’s expert witness and his treating physician. We conclude that the trial court did not abuse its discretion in any of its evidentiary rulings. DePuy also argues that the jury’s verdict is not supported by substantial evidence and is internally inconsistent. We conclude that the verdict is supported by substantial evidence and is not irreconcilable. Finally, DePuy argues that the damages award is excessive. We conclude that the $8.3…