August 30, 2006

$51M Vioxx Verdict Overturned

Judge Fallon decides that the jury's $50M award is a bit much for a heart attack in which the guy is still alive and well.  He leaves in place $1M punitive damage award.  (The $50M was compensatory damage.)

I also refer you to the PointofLaw blog, in which is observed the inconsistency of the jury's verdict: no,  they aren't strictly liable for failing to warn about and causing the MI; and yes, they were negligent in failing to warn and causing the MI.   How can you be negligent if you weren't liable?



negligent= "careless in not fulfilling responsibility" (from  There was a duty toward the person AND you didn't do what a reasonable person would have done AND what you did actually caused the damage

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