Recent Philadelphia Verdict Highlights Need to Combat Punitive Damages

In the Philadelphia Court of Common Pleas, a jury recently awarded the plaintiff $2.3 million in compensatory damages for injuries he alleged arose from his use of a diabetes treatment drug.  The plaintiff claimed that the drug company failed to properly warn that its use was linked to a higher incidence of bladder cancer, a condition he subsequently developed.  In addition to awarding a compensatory sum, the jury awarded $1.3 million in punitive damages, apparently based upon evidence that the company’s pharmaceutical reps were instructed…
Continue reading...

Contraceptive Makers Lose Motion to Apply New Jersey Law to Dismiss Punitive Damages Claims in Mass Tort Litigation

A state judge in New Jersey recently rejected a motion for partial summary judgment of two pharmaceutical companies to dismiss punitive damages claims, filed in nine bellwether cases in the NuvaRing mass tort litigation involving injuries allegedly caused by the contraceptive. Roughly 200 cases were filed over allegedly harmful side effects caused by use of the contraceptive, which is inserted vaginally and releases doses of the hormones estrogen and progestin. Merck and Organon USA Inc.  asserted that the New Jersey Product Liability Act exclusion of…
Continue reading...