TVM Jury Awards Punitive Damages

Posted by Kim Truongle

March 1, 2013 – The jury that awarded a transvaginal mesh Plaintiff a $3.35 million verdict this week in New Jersey tacked on an additional $7.76 million award for punitive damages against the manufacturer Defendants.  

What are punitive damages?

Punitive damages are damages awarded to serve two purposes.  One, punitive damages are intended to punish the Defendants for wrongdoing and the wanton disregard of the Plaintiff’s rights.  Two, punitive damages are exemplary damages, or damages meant to set an example and deter similar wrongdoing by others.

 Does that mean my case will gross millions of dollars?

No.  The amount of this verdict has NO bearing on the value of individual cases.  Furthermore, although the Judge overseeing the New Jersey trial is a well-respected and highly regarded Judge, the likelihood of appeal is still high.

 What does this punitive damages verdict mean for my individual case?

The real impact this verdict has on the individual cases is that it is a weight that can push these particular Defendants to come to the negotiating table.  This does not mean they will settle the cases immediately, but it is a force that may push them towards negotiations sooner than later.

For additional questions on your TVM case, please call us at (800) 269-3050.