J&J Ultamet Verdict Is Too Much Green

Law360, New York (April 12, 2016, 10:59 AM EDT) -- On St. Patrick's Day 2016 a pot of gold was dispensed in Dallas federal court as the jury saw green, awarding almost $500 million to five plaintiffs in a consolidated trial against DePuy Orthopaedics Inc. and Johnson & Johnson over the Ultamet hip implant. The post-trial motions are pouring in and there is plenty for the trial court to reconsider and correct in reducing the verdict. And, when some of the post-trial motions are denied, there will be plenty for the Fifth Circuit to pore over, including consolidating five plaintiffs for a single trial, presentation of prejudicial and irrelevant evidence and preemption for 510k devices. There is some good news for the defendants, however. Importantly, the jury found against the plaintiff on the commercial bribery claim. Had the jury favored the plaintiffs on that claim, it would have provided an exception to the cap on punitive damages. Without that exception, Texas' significant caps on punitive damages will likely result in a significant reduction in the jury award....

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