Analysis

$454M Gown Verdict Says Jury Can Be Swayed Without Harm

Law360, New York (April 12, 2017, 7:21 PM EDT) -- A recent eye-popping jury verdict that included $450 million in punitive damages against Kimberly-Clark and its spinoff Halyard Health in a class action over surgery gowns shows that juries can bring back large verdicts despite an absence of physical injuries, experts say.

Although the punitive damages amount may be reduced, given that it eclipses the compensatory damages by almost a hundredfold, attorneys say that the large sum points to the jury’s possible anger sparked by evidence taken from internal company documents stating concerns about the quality of the gowns’ seams and testing failures, as well as emails and chat messages, which...

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