TortsProf Blog

Mississippi Noneconomic Damages Cap Challenged

A shooting at a store in Belzoni is the backdrop for the challenge.  The AP has the story.

--CJR

WI: $3.7M Med Mal Verdict

Yesterday, a jury in Wisconsin awarded the family of a deceased farm worker $3.7 million in damages for medical malpractice.  Gustavo Espinal-Santos died Jan. 1, 2004, after contracting blastomycosis, a fungal infection often transmitted through water or soil.  He presented at a family practice in December of 2003, where he was examined by physician assistants and diagnosed with pneumonia.  The family alleged a failure to run basic diagnostic tests, specifically x-rays.  After a four-day trial, the jury deliberated eight hours before finding negligence on the part of the practice and the physician supervising the physician assistants.  The award will be reduced pursuant to Wisconsin's damages cap.  The story, courtesy of greenbay pressgazette.com, is here.

--CJR

$3.4M Mesothelioma Verdict

A California jury has awarded $3.4 million to the family of a former Manville plant worker.   About Lawsuits has more.

- SBS

$24M Med Mal Verdict In Tennessee

A Tennessee jury has awarded nearly $24 million in a breast cancer misdiagnosis suit.   AboutLawsuits has more.

- SBS

MI Court: Damages for Caring for Kids Uncapped

A divided Michigan Supreme Court has allowed to stand a ruling that a dead mother's family can sue for $1.4 M for lost household services.  The defendants argued the damages were noneconomic and, thus, subject to a damages cap.  I haven't read the opinion, and I can't vouch for the valuation, but the principle seems accurate.  Replacing these services will require a monetary payment.  The Chicago Tribune has a brief story here.

--CJR

LA Times on Punitives

In an editorial, the LAT calls on the Supreme Court to give better guidance on punitive damages, saying the state of law today has "wasted the time of lawyers, judges and injured parties, and sometimes has led to injustices."

--BC

Williams v. Philip Morris Cert. Grant Withdrawn as Improvidently Granted

Per curiam opinion here, some analysis here.

--BC

Punitives Considered in Clerical Abuse Case

In a case where the punitive damages were over $7 million, the Church contends that the court improperly instructed the jury, permitting an award of punitive damages without a finding of bad motive.  Details are here.

--BC

Recent Pain-and-Suffering Awards

New York Personal Injury Cases Blog is providing us with some recent pain-and-suffering data points:

Leg Fracture Verdicts for Pain and Suffering in New York Injury Cases Upheld on Appeal for $1,100,000 and $1,500,000

Leg Amputated After Drunk College Student Struck By Subway Train - $2,300,000 Pain and Suffering Jury Verdict

New Wrist Fracture Case Upholds $3,100,000 Pain and Suffering Damages Award

--CJR

Hess Lawyers Seek $130M+ in Tobacco Case

The AP has details; $100M of the amount sought is punitive damages.  The jury found causation in an earlier phase of the trial, and the since-decertified class action established in Florida that the tobacco companies hid risks of smoking.

--BC

Updated: First Post-Engle Trial Begins

A few years ago, the Florida Supreme Court threw out a $145 billion class verdict against various members of the tobacco industry.  Now, as Sheila noted in last week's roundup, the first Florida trial post-Engle has begun; Bloomberg has a somewhat more detailed piece on the trial's start.  In the trial, the plaintiffs do get to take advantage of the preclusive effect of the class finding that cigarettes are addictive and cause cancer. 

The trial is in three parts, with the first focusing on liability; the second (if needed) on compensatory damages and the availability of punitive damages; and the third (again if needed) on the amount of punitive damages.

Update: In case you're particularly interested in the case, you can watch it live (for a charge) at CourtroomView.com.

--BC

Pain-and-Suffering Awards for Hip and Pelvis Injuries

Over at New York Injury Cases Blog, John Hochfelder has an intriguing post demonstrating the variability of pain-and-suffering awards for hip and pelvis injuries.

--CJR

Hochfelder Surveys NY Foot Fracture Verdicts

Over at New York Injury Cases Blog, John Hochfelder surveys verdicts and settlements in recent foot injury cases (excluding amputations).  Hochfelder finds a wide range from a low of $75,000 to a high of $2.2 million.   He attributes the disparity to the nature of the injury - the $75k for example was for an injured pinky toe while the $2.2 million was for a crushed foot requiring complex reconstruction surgery. 

- SBS

No Health Effects, but Punitives Possible Against 3M on Trespass and Negligence

The Star Tribune has details on the trial court ruling relating to PFCs in the groundwater in Washington County, Minnesota.  Essentially, the plaintiffs can't go forward with claims that the PFCs harmed their health, but can proceed on a trespass claim and a (slightly vague from the story) negligence claim, and have the potential to obtain punitive damages on those claims.

--BC

Liptak on Williams v. Philip Morris

Here.

--BC

Med Mal & Punitive Damages

An article posted on law.com drew a response on LitigationAndTrial.com, pointing out some misconceptions about punitive damages and medical malpractice.

(h/t Eric Turkewitz)

--BC

First Payments in Valdez Litigation

Only nearly twenty years after the oil spill, plaintiffs are starting to get damages.

--BC

Williams Punitives, Round Three

SCOTUSBlog has a preview of Wednesday's argument -- the third! -- relating to the Oregon state court tort litigation against Philip Morris and the punitive damages awarded in that litigation.

--BC

Exxon Damages Inching Ever Closer to, You Know, Plaintiffs

The federal judge overseeing the eternal Exxon Valdez litigation rejected a request to modify the plan for distribution of punitive damages, a portion of which will -- maybe, perhaps, soon -- be distributed to plaintiffs while the parties continue to fight over some remaining parts.

--BC

9th Circuit Imposes 3 to 1 Ratio on Punitive Damages Award

On Friday, the Ninth Circuit issued its opinion in Southern Union v. Irvin (pdf).  The court previously had vacated and remanded the original punitive award, which was 153 times the compensatories.   On remand, the trial court reduced the punitive damages award to $4 million, and the defendant appealed again.   Notably, this time, the Ninth Circuit wasn't messing around - no remand; it decided that 3 to 1 was the right ratio and reduced the punitive damages award to just over $1.8 million.   

Lisa Baird at Life Sciences Legal Update provides a concise summary of the decision. 

- SBS