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212964P.pdf   12/14/2022  Mary Bayes  v.  Biomet, Inc.
   U.S. Court of Appeals Case No:  21-2964
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Smith, Author, with Kelly and Grasz, Circuit Judges] Civil case - Products liability. Where the jury returned a verdict for plaintiff on her liability product-defect claim and for the defendant on her strict liability claim, the district court did not err in determining the jury verdicts were not irreconcilably inconsistent as the strict liability instruction did not require the jury to find proof of a reasonably anticipated use and the instructions thus set differing proof elements; there was a sufficient evidentiary basis for the jury to determine that defendant failed to meet a reasonable standard of care; there was also sufficient evidence to show defendant breached its duty of care in designing the product, both with respect to ion release from metal-on-metal implants and with respect to the choice of the size of the hip implant cup; $20 million jury verdict affirmed.