Jury Awards $500M Punitive Damages in Medical Malpractice Case

By Oskar Garcia | May 11, 2010

  • May 11, 2010 at 2:06 am
    caffiend says:
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    Again…Where is their liability? It sounds like improper procedures were occuring at the clinic that the drug manufacturers have no control over.

    I sympathize with the victims in this as Hepatitis is not a disease to joke about, but really… $500M? On the surface this is truely seems to be a case of Jackpot Justice by a jury of people just wanting to stick it to the pharmacutical companies.

  • May 11, 2010 at 2:34 am
    Stephen Tallinghasternathy says:
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    It’s my understanding that the liability is in the packaging design, which encouraged multiple uses from the same container rather than single use. By packaging the drug in a multiple use fashion, it led to the transfer of the Hep C from patient to patient.

  • May 12, 2010 at 9:16 am
    caffiend says:
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    Playing devil’s advocate for a moment.. Isn’t it the doctor’s/clinic’s choice on what medications to purchase as well as dose sizes. I imagine that the medication used was also available in smaller vials.

    At what point do we draw the line and say “No More” ? The fact that it was the clinic’s responsibility to maintain safe operating procedures apparently got misplaced. I’ve taken some basic nursing courses and one of the things that they stress is that you DON’T re-use needles, and DON’T re-use single use vials… even if there’s still more medication left in them.

  • May 12, 2010 at 10:29 am
    T Dubya B says:
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    The punities were excessive. I think they have a good due process argument to get them knocked back. The SCOTUS puts a limit on punitives; usually 10x specials/general damages.



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