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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: ZIMMER NEXGEN KNEE )

IMPLANT PRODUCTS LIABILITY ) MDL NO. 2272

LITIGATION )

) Master Docket Case No.: 1:11-cv-05468 

This Document applies to: )

Beverly Goldin, 1:12-cv-02048 ) Honorable Rebecca R. Pallmeyer

ZIMMER'S SUPPLEMENTAL PROPOSED JURY INSTRUCTION

The defendant, Zimmer, Inc. (“Zimmer”), submits the following Supplemental Proposed 

Jury Instruction, replacing its original Proposed Instruction 21 relating to damages. . Zimmer 

requests that it be permitted to supplement or modify its Proposed Jury Instructions as necessary 

or appropriate after submission of evidence or during mid-trial conference with the Court.

Respectfully submitted,

FAEGRE BAKER DANIELS LLP

/s/ John P. Mandler

John P. Mandler (Minn. State Bar #194438)

Abigail M. Butler (Ind. State Bar #22295-02)

ATTORNEYS FOR DEFENDANT ZIMMER, INC.

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Instruction 21

DAMAGES: GENERAL

My charge to you on the law of damages must not be taken as a suggestion that you should find 

for the plaintiff. It is for you to decide on the evidence presented and the rules of law I have 

given you whether the plaintiff is entitled to recover from the defendant. If you decide that the 

plaintiff is not entitled to recover from the defendant, you need not consider damages. Only if 

you decide that the plaintiff is entitled to recover will you consider the measure of damages.

If you find that the plaintiff is entitled to recover from the defendant, you must render a verdict 

in a sum of money that will justly and fairly compensate the plaintiff for losses resulting from the 

injuries Beverly Goldin sustained. Plaintiff is entitled to recover a sum of money which will 

justly and fairly compensate her for any injury, disability and conscious pain and suffering to 

date caused by defendant. 

During the trial, the Court excluded certain claims for damages that were unsupported by the 

evidence. In the event that you award Ms. Goldin damages, the compensation you award may not 

include any award for (1) past medical expenses incurred at Putnam Hospital Center, or (2) 

future medical expenses related to a possible second revision surgery.

An attorney is permitted to make suggestions as to the amount that should be awarded, but those 

suggestions are argument only and not evidence and should not be considered by you as 

evidence of plaintiff’s damages. The determination of damages is solely for you, the jury, subject 

to the exclusions I have explained here. 

Authority: N.Y. Pattern Jury Instr. Civil 2:277 Damages—General; N.Y. Pattern Jury Instr. 

Civil 2:277A—Comment by Counsel During Closing Remarks (as modified); N.Y. Pattern Jury 

Instr.—Civil 2:280; Zimmer, Inc.’ Memorandum in Support of Rule 50 Motion For Judgment as 

a Matter of Law (Goldin Dkt. 120, p. 28-30).

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CERTIFICATE OF SERVICE

I certify that on January 23, 2017, a copy of the foregoing was filed electronically. 

Parties may access this filing through the Court’s electronic records system.

/s/ John P. Mandler

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