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

Medical device injury settlements in Pennsylvania may include punitive damages if the injury was caused by the negligent or reckless actions of the manufacturer. Punitive damages are monetary awards that may be added to an individual’s compensatory damages as an additional form of punishment. In Pennsylvania, punitive damages are only awarded if the defendant acted with malice or recklessness. To be eligible for punitive damages, the plaintiff must show evidence that the injury occurred as a result of the manufacturer’s reckless or negligent actions. A court may decide to award punitive damages if they find that the manufacturer knowingly caused the injury in an attempt to maximize profits or disregard the safety of its customers. The amount of punitive damages a court may award depends on the severity of the injury and the amount of profit or recklessness the manufacturer displayed. A court may issue an amount equivalent to the amount of compensatory damages for the injury, or much more depending on the behavior. Punitive damages are generally only used in extreme cases, since they are intended to be a punishment for a manufacturer’s irresponsible conduct. Individuals who have suffered injury due to a medical device should consult a qualified attorney who can determine if they are eligible for punitive damages in addition to their compensatory damages.

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

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