Ohio Law Limiting Damages for Pain & Suffering Upheld
The Ohio Supreme Court has upheld a law limiting non-economic damages in tort lawsuits, including pain, suffering, loss of consortium, etc.The 2004 law, known as Senate Bill 80, does not limit easily calculated damages, such as lost wages or medical costs, but it does limit the noneconomic portions of damages to $250,000 or three times the economic damages (up to $500,000), whichever is greater.The law also limits punitive damages for dangerous drugs and hazardous products to only twice the actual economic damages, which is a boon for pharmaceutical companies and manufacturers, who regularly factor catastrophic injury or death to a few individuals against millions or billions of dollars worth of sales.The limitation of punitive damages means that companies will never have to worry about the ramifications of maliciously concealing or manipulating data to put an unsafe product on the market as long as the wrongful deaths caused are quick and cheap, no matter how painful or tragic.
The specific case that initiated the ruling was a multi-state mass tort action against Johnson and Johnson, over the Ortho Evra birth control patch, which led to fatal and potentially fatal blood clots in thousands of women.
The limitations on the awards in each case make it more imperative than ever that each person who receives an injury as a result of a defective product or drug comes forward to punish the manufacturer and show them they cannot profit off the misery of others.If you or someone you love has suffered as a result of the negligence or wanton misconduct of a manufacturer, contact product liability lawyer Robert W. Kerpsack at Robert W. Kerpsack Co, LPA, to put your lawsuit in motion.
Fourth District: Future Pain and Suffering For an example of where a jury inadequately awarded no future pain and suffering damages although liability and future pain and suffering were undisputed, check out this decision from the Fourth District...
Milwaukee Jury Awards $10 Million in Hospital Malpractice The Milwaukee Journal Sentinel reports on a jury award for a man with multiple sclerosis who suffered injury as the result of a spinal injection while in the hospital. According to the report, nearly half the award is for pain and suffering...