How are punitive damages factored into a medical device injury settlement?

Punitive damages are a type of award that are typically part of a medical device injury settlement in California. Punitive damages are when a court awards an additional amount of money to the injured person, beyond the other damages they are being awarded. This is done to punish the defendant (the medical device manufacturer, in this case) for their intentional, reckless, or negligent conduct that caused the injury. In California, courts will award punitive damages if they find that a defendant’s conduct was especially malicious, oppressive, or fraudulent. The court sets the amount of punitive damages depending on the degree of wrongdoing and the amount of money needed to punish the defendant and discourage similar bad behavior in the future. Punitive damages in a medical device injury settlement are intended to go beyond the amount needed to compensate the victim for their injury. Therefore, the amount of punitive damages is usually quite high. Medical device manufacturers should take these awards seriously, as they can be a major financial burden.

Related FAQs

How are punitive damages factored into a medical device injury settlement?

Related FAQs

Related Blog Posts