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ARTICLE · 19 JANUARY 2016

Fourth Circuit Upholds $1.75 Million Punitive Damages Award In Transvaginal Mesh Case

Mayer Brown
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About a month ago, we reported on a Delaware trial court decision reducing a $75 million punitive award to $7.5 million in a transvaginal mesh case.

United StatesLitigation, Mediation & Arbitration
Evan Tager
Evan Tager
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Keywords: Evidence, Split Recovery Statutes

About a month ago, we reported on a Delaware trial court decision reducing a $75 million punitive award to $7.5 million in a transvaginal mesh case. Last week, in what we believe to be the first appellate decision in one of these cases, the Fourth Circuit upheld a verdict of $250,000 in compensatory damages and $1.75 million in punitive damages.

The decision in Cisson v. C.R. Bard, Inc. implicates a number of issues that may arise with some frequency in punitive damages cases.

The facts of the case are not particularly relevant. Suffice it to say that Bard's device was implanted into the plaintiff's body to treat pelvic organ prolapse. After the device was implanted, the plaintiff experienced a variety of symptoms, and the device ultimately was removed.

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