How does the court determine the amount of punitive damages in a medical device injury case?

In Pennsylvania, punitive damages are meant to punish a party for engaging in particularly egregious conduct. In medical device injury cases, punitive damages are awarded to plaintiffs if the jury finds that the defendant’s behavior was particularly outrageous. To determine the amount of punitive damages, the jury will consider a variety of factors, such as the amount of harm the plaintiff suffered, the defendant’s ability to pay, and the degree of the harm caused. The jury is also instructed to consider the relative financial resources of each party, along with any aggravating or mitigating circumstances related to the injury and the defendant’s conduct. The jury is then instructed to award an amount that is fair and just, considering all of these factors. The award of punitive damages is not meant simply to enrich the plaintiff; it is meant to punish the defendant for particularly egregious conduct and to deter similar conduct in the future. The amount of punitive damages awarded must also be reasonable, so it isn’t too severe or too lenient. It is ultimately up to the jury to determine what constitutes a reasonable amount of punitive damages in a medical device injury case.

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