Two years ago, in the first bellwether case against medical device manufacturer C.R. Bard for production of its transvaginal mesh products, jurors awarded plaintiff $2 million in damages. Of that, $250,000 was for compensatory damages (intended to compensate for actual losses) and $1.75 million was for punitive damages (intended to punish defendant).
In Cisson v. C.R. Bard, both sides had appealed the final order, but for very different reasons.
Defendant appealed on the grounds certain evidence should have been kept from the jury and that the court should have allowed the defense to propose a special jury instruction. Also, defense argued the damage award was excessive. Plaintiff, meanwhile, appealed the split-recovery ruling, pursuant to Georgia law, that grants 75 percent of punitive damages to the state. Continue reading