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 …