Trial Plaintiff Says J&J Hips Defective, Company Denies Liability

March 1, 2013

  • March 4, 2013 at 2:54 pm
    Jester says:
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    This plaintiff is a walking physical nightmare. The attorney’s self-serving argument that the award shouldn’t be diminished is nonsense. There is no basis for punitive damages.

    • March 4, 2013 at 7:15 pm
      DWL says:
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      Unless the evidence at trial showed that defendant was aware of the defects in the surgically implanted device prior to its marketing and marketed it to the public (even if via hospitals or surgeons)anyway. At least in California that would constitute a “conscious disregard” of the rights and safety of a consumer, would constitute an “intentional tort” and would be the basis for an award of punitive damages. Brian Panish is an outstanding, honorable and hard-working plaintiffs’ attorney and appeared many times in my courtroom, as did his equally excellent and reputable partners, Browne Green and Bruce Broilett.

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