Calif. Appeals Court Vacates $7 Million Punitive Damage Award Against Breg in Cooling Device Action

SAN DIEGO — A California appellate court has vacated a $7 million punitive damages award against Breg Inc. in a case involving its Polar Care 500 cooling device, finding the evidence does not support the jury's finding that the manufacturer acted with malice, oppression or fraud.

In an Oct. 28 opinion, the California Court of Appeal, 4th District, vacated the award after ruling that the evidence does not support the plaintiff's intentional concealment claim against Breg.

“Although Breg did not specifically warn of the risk or symptoms of an NFCI (and the warnings were therefore inadequate in the context …