News & Analysis as of

Food and Drug Administration (FDA) Punitive Damages

Harris Beach PLLC

Results in Toxic Exposure/Product Liability Trials Continue Trend of Irrational "Nuclear" Verdicts

Harris Beach PLLC on

“Nuclear” verdicts are awards that are exceptionally high, eclipsing what would be a rational, reasonable, or expected amount based on the evidence. Three recent jury verdicts awarding unreasonably large compensatory and...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

Dechert LLP on

Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Epstein Becker & Green

NJ Supreme Court: No Punitive Damages in Medical Malpractice Case Without Evidence of Wanton and Willful Conduct

Epstein Becker Green Lawyers Anthony Argiropoulos, Theodora McCormick, William Gibson, and Maximilian Cadmus Argue for Amicus Curiae New Jersey Doctor-Patient Alliance...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Clarifies Standards for Punitive Damages in Medical Malpractice Actions

On August 25, 2022, the Supreme Court of New Jersey issued its decision in Rivera v. The Valley Hospital, Inc., reversing the trial judge’s interlocutory order denying the defendants’ motions to dismiss a claim for punitive...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Patrick Malone & Associates P.C. | DC Injury...

$8 billion Risperdal verdict? It’s not the money, it’s the message, Big Pharma

When regular citizens get together in the civil justice system to deliberate difficult claims about complex matters, they may not get everything just right to the satisfaction of the disputing parties. But jurors’ wisdom and...more

Patrick Malone & Associates P.C. | DC Injury...

$1 billion+ may seem like a lot of money. It still can’t resolve many questions.

Although lawsuits can result in needed financial support and welcome recognition of harms suffered by patients seeking medical services, the civil justice system has its limits. They showed in cases in the news in which...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Alston & Bird

Judge Presiding over Risperdal Litigation Issues Decision on Choice of Law

Alston & Bird on

Last week, the coordinating judge for the Risperdal mass tort litigation released an opinion explaining why punitive damages claims are barred in the nearly 1,500 cases consolidated in the Philadelphia Court of Common Pleas. ...more

Baker Donelson

ABA Resolution 105 on Punitive Damages Is Dead for Now

Baker Donelson on

On the eve of the ABA's Annual Meeting next week, the ABA's Standing Committee on Medical Professional Liability announced its withdrawal of proposed Resolution 105 from consideration by the ABA House of Delegates. The...more

Searcy Denney Scarola Barnhart & Shipley

The Boston Mesh Litigation

Mesh products have been regularly used to repair abdominal hernias since the 1950s. In the 1970s, gynecologists used surgical mesh products designed for abdominal hernia repair to repair prolapsed organs....more

Morrison & Foerster LLP

New Jersey punitive damages analysis ignores established precedent

Since 2008 New Jersey law has effectively granted pharmaceutical manufacturers immunity from punitive damages claims. While New Jersey state courts continue to recognise and enforce that immunity, some recent federal court...more

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