STORY FROM: Drugs & Medical Devices

Calif. Appeals Court Reduces Punitive Damages Award in Ethicon Surgical Stapler Case

SAN FRANCISCO — A California appellate court has significantly reduced a $70 million punitive damages award in a surgical stapler case against Ethicon Endo-Surgery LLC, ruling that the award “lacks substantial evidence and is excessive” in light of the evidence and the jury’s “substantial” noneconomic compensatory damages award.

In a June 13 opinion, the California Court of Appeal, 1st District, reduced the award to $19.6 million, which is two times the jury’s compensatory damages award.

Florence Kuhlmann underwent a hemorrhoidopexy in January 2010, during which Dr. Rakhee N. Shah used the Ethicon PPH 03 surgical stapler.

Dr. Shah had previously ...

Associated Law Firms
Alexander Law Group
McNamara, Ney, Beatty, Slattery, Borges & Ambacher
Wilson Elser Moskowitz Edelman & Dicker

Associated Documents
Opinion



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