California Court of Appeal
Bigler-Engler v. Breg, Inc., 063556
In a negligence and strict liability action arising from injuries suffered by plaintiff's as a result of her use of a medical device that was manufactured by defendant and prescribed by a medical doctor, alleging medical malpractice, design defect, and failure to warn, the trial court's judgment in favor of plaintiff is reversed in part where: 1) the jury's verdict as to several claims was not supported by the evidence, including plaintiff's intentional concealment claim and her strict products liability claim; 2) in light of the reversal of plaintiff's intentional concealment claim, the jury's punitive damages award must be reversed; and 3) the jury's award of noneconomic compensatory damages and punitive damages are excessive.
- Published 2016/10/28
- California Court of Appeal