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

Punitive damages in a medical device injury settlement are an amount of money that is awarded to the injured party from the manufacturer of the device. Punitive damages are intended to punish the manufacturer for their negligence, and to deter them from similar behavior in the future. In South Dakota, when determining a punitive damage award, the court must consider the severity of the injury caused by the medical device, the manufacturer’s knowledge of any potential risks associated with the device prior to the injury, and the conduct of the manufacturer after the injury. The court must also consider the amount of money necessary to deter the manufacturer from repeating their negligent conduct. The amount of punitive damages awarded is determined by the court and is usually higher than what is awarded for economic and non-economic damages. Punitive damages are not capped in South Dakota, so the amount of damages awarded can be significant. In addition to punitive damages, the injured party may also be awarded compensatory damages, which are intended to compensate the injured party for their medical bills, lost wages, and pain and suffering. When a medical device injury has occurred, a South Dakota court will consider all of these factors when determining the amount of damages to award the injured party.

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

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