3M Earplug Verdict Raises Questions About Punitive Awards Versus Compensatory Damages
"Here, the ratio appears to be around 15 to one, which raises an eyebrow, so to speak, but doesn't scream denial of due process," said Edward G. Guedes, a partner and chair of the appellate practice group at Weiss Serota Helfman Cole & Bierman.
November 16, 2021 at 04:10 PM
4 minute read
Mass Torts
A U.S. Army sergeant scored more than $12 million in a punitive damage award and over $800,000 in compensatory damages in the latest jury verdict over defective military earplugs, but a Miami lawyer said the award might not be excessive.
Edward G. Guedes, a partner and chair of the appellate practice group at Weiss Serota Helfman Cole & Bierman, said disproportionately large punitive damages awards—as measured by a comparison to the amount of compensatory damages—raise the possibility of due-process concerns.
"Here, the ratio appears to be around 15 to one, which raises an eyebrow, so to speak, but doesn't scream denial of due process," Guedes said in an email. "It's possible that there was sufficient evidence of extremely egregious conduct on the part of 3M that would help support the greater than single-digit ratio."
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