Johnson & Johnson lost a $500 million federal case in Texas earlier this year involving its Pinnacle hip replacement devices. However, the company won an important victory recently when the U.S. District judge overseeing the case slashed that damage award to $151 million, finding the punitive damage award excessive.
The verdict had been in favor of five plaintiffs and three spouses, who after a two month trial were collectively were supposed to receive $360 million in punitive damages and $140 million in compensatory damages.
Although the judge denied the company’s request to set aside the verdict or grant a new trial, the medical product behemoth is now seeking an expedited review of the verdict. The company has argued that jurors were improperly biased after hearing evidence that was both irrelevant and unfair during the trial. Attorneys for plaintiffs, however, say the bid for a new trial is nothing more than a flimsy attempt to snag a “do-over” after the strategy they employed during trial went awry. Continue reading