A Delaware court has reduced a recent 100 million (25 million compensatory damages and 75 million punitive damages) verdict against Boston Scientific relating to its class action lawsuit with their trans-vaginal mesh product to 10 million (2.5 million in compensatory damages and 7.5 in punitive damages).
In doing so the court maintained the ration between compensatory and punitive damages, but just reduced them by a power of 10. In reducing the verdict the court found that the original verdict amount was ” sufficiently out of proportion to the injury so as to shock the court’s conscience and sense of justice.”
Moreover, notwithstanding the court’s reduction, Boston Scientific still intends to appeal the [reduced] verdict because they believe there were factual and legal errors in the trial.
This most likely means more time and delay for the plaintiff, and more uncertainty.