No. 21-2964 ___________________________

Mary Bayes; Philip Bayes

lllllllllllllllllllllPlaintiffs - Appellees

v.

Biomet, Inc.; Biomet Orthopedics, LLC; Biomet U.S. Reconstruction, LLC; Biomet Manufacturing LLC, formerly known as Biomet Manufacturing Corp.

lllllllllllllllllllllDefendants - Appellants ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: September 21, 2022 Filed: December 14, 2022 ____________ Before SMITH, Chief Judge, KELLY and GRASZ, Circuit Judges. ____________ SMITH, Chief Judge.

Mary and Philip Bayes sued Biomet, Inc. and associated entities (Biomet) after Mary Bayes’s M2a Magnum hip implant failed. The M2a Magnum is a large diameter metal-on-metal hip implant produced by Biomet. Mary argued that the implant caused irreparable damage to her hip joint and surrounding tissues. A jury awarded Mary $20 million in damages. The jury awarded an additional $1 million in damages to her husband Philip for his loss of consortium. Biomet appeals, arguing that (1) the jury’s verdict was inconsistent, (2) the Bayes failed to establish the required standard of care, (3) the Bayes failed to show a breach by Biomet, and (4) the damages award was excessive. We disagree and affirm the judgment of the district court.1

I. Background Mary Bayes has long suffered from arthritis. A surgeon using the Biomet M2a Magnum replaced her right hip joint in January 2008 and her left hip joint in April 2008. The M2a Magnum completely replaces the hip joint using an alloy of metals, including cobalt and chromium for both the ball and the cup of the implant.

In 2010, Mary began experiencing increasing pain in her left hip. X-rays showed significant bone degeneration in her left hip. Consequently, she underwent corrective surgery by a new surgeon that replaced the M2a Magnum with a ceramic-on-plastic hip implant in March 2011. The new surgeon, upon opening the hip joint, observed severe damage to the joint and surrounding tissue. Metal ions had permeated the nearby soft tissues, causing severe necrosis. Since this revision surgery, Mary has suffered 12 dislocations of her left hip. Doctors have performed seven hip revision surgeries on her. Mary now uses a fully constrained hip replacement, preventing normal hip function such as sitting in a typical posture. Mary’s doctors state that continued hip dislocations are highly likely. As a result, she must markedly limit her life activities to avoid dislocations.

Mary sued Biomet in May 2013. Mary alleged that Biomet negligently designed the M2a Magnum and was strictly liable for its design, manufacture, and distribution. The jury trial began October 5, 2020, and lasted 13 days. The court gave

1 The Honorable Stephen R. Clark, United States District Judge for the Eastern District of Missouri.

-2- two instructions regarding liability. Jury Instruction No. 10 detailed the proof requirements for “strict liability—product defect.” R. Doc. 362, at 11. These requirements included that “[t]he M2a Magnum was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use” and that “the M2a Magnum was used in a manner reasonably anticipated.” Id. Jury Instruction No. 11 stated the negligence requirements, including that “the M2a Magnum was in a defective condition unreasonably dangerous” and “Biomet failed to use ordinary care to design the M2a Magnum to be reasonably safe.” Id. at 12. At th