Category Archives: Class Action and Mass Tort

What Is The Difference Between Punitive and Compensatory Damages?

Punitive damages are different than compensatory damages in that the money does not go towards a victim’s medical bills, but serve simply as a monetary punishment for bad business practices. Punitive damages are usually added on after compensatory damages are paid. For example, Japan’s largest pharmaceutical manufacturer, Takeda Pharmaceutical Co Ltd, is currently facing $6 billion in punitive damages for failing to reveal the cancer risks associated with its popular diabetes medication, Actos. Eli Lilly, the Indianapolis-based pharmaceutical company and co-defendant with Takeda, has already been ordered to pay $3 billion in punitive damages by a Louisiana court. Unfortunately, companies often do not pay the full punitive amount after contesting the claim in court. After the Exxon Valdez oil spill in 1989, the company faced $5 billion in punitive damages but only paid $500 million. Hopefully, given the fact that the Takeda and Eli Lilly case is a multidistrict amalgamation…
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Another Granuflo Lawsuit Adds to the Growing Number of Victims

A new claim filed last month against GranuFlo manufacturer Fresenius Medical Care adds to the hundreds of lawsuits regarding the serious risks of the dialysis medication. A group of plaintiffs filed a joint lawsuit against Fresenius, alleging that the risk of heart attack, stroke and death were known by company leaders but kept secret from the public. The U.S. Food and Drug Administration (FDA) first approved GranuFlo in 2003 to treat patients with renal failure, but the FDA launched an investigation of Fresenius when an internal memo was uncovered that warned of the heart risks associated with GranuFlo. In 2012, the FDA issued a Class I Recall, the most serious recall category. Since then, hundreds of plaintiffs have come forward to file lawsuits against Fresenius for hiding potentially deadly side effects that caused their injuries. Pharmaceutical companies can be held responsible when improper testing, manufacturing or marketing allows users to…
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Posted in Accidents by Location, Class Action and Mass Tort | Tagged , , | Leave a comment