When a federal jury in Atlanta awarded $11 million to a former ski instructor in a bellwether product liability case last November, the verdict bore a distinctive hallmark. It was the jury’s second effort to decide the case.
The jury’s first verdict five days earlier had appeared to find in favor of the manufacturer of a hip replacement device—until the judge stopped his courtroom deputy as he was reading the verdict. The judge sent the jury back to deliberate some more with an admonition to re-evaluate whether it had filled out the verdict form properly.
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