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CVN has covered a host of headline-making proceedings across the country over the last few months: from a bellwether baby formula trial to one of the first trials in the nation addressing Amazon's potential liability as an employer for the actions of its service partners' delivery drivers. Watch a few pivotal moments from five of the latest blockbuster proceedings CVN cameras have captured.
Jury Delivers $495M Verdict in Bellwether Baby Formula Trial
In July, a Missouri state court jury handed down a $495 million verdict in the first lawsuit to go to trial over allegations that Abbott Laboratories' cows milk-based baby formula can damage a baby’s intestinal tract.
The verdict included $95 million in compensatory damages and $400 million in punitives for the severe intestinal inflammation a premature baby developed after being given the company’s formula.
Plaintiffs contend Abbott failed to disclose the risks associated with the formula. And in closings of the trial’s first phase, on liability and compensatories, TorHoerman’s Jake Plattenberger criticized Abbott for using the premature infant’s health as a defense.
“If this is who you’re selling your product to, then you have to take that into account.”
Jury Hands Down $16.2M Verdict in Trial Against Amazon Logistics Over Delivery Van Crash That Injured Child
A Georgia jury delivered a $16.2 million verdict at trial against Amazon Logistics and a service partner over the injuries a child suffered when he was run over by a delivery van.
The verdict concluded the first case in Georgia, and one of the first in the nation, to go to trial over whether Amazon is responsible as an employer for the conduct of its delivery partners’ drivers. Although jurors apportioned 85% of responsibility to Amazon on a negligent training claim, and 10% to the service partner’s driver, jurors also concluded that Amazon exercised sufficient control over the service partner to render the delivery giant liable for its share of fault, as an employer.
Jurors also apportioned 5% of responsibility for the crash to a non-party neighbor who had agreed to watch the child, which will reduce the ultimate award proportionately.
During openings, Fried Goldberg’s Michael Goldberg told jurors Amazon failed to properly train the service partner’s driver on vehicular safety rules around children.
“You will hear that, 17 days after this accident ,Amazon made [the driver] go through training, and that training was for motorcyclist, bicyclist, and pedestrian awareness…. But they didn’t give it to him before this accident.”
Learn about playlists focused on the two critical issues in the case.
Jury Clears Hospital and Urologist in Medical Negligence Trial Over Mesh Implant
An Oregon hospital and urologist prevailed in a medical negligence trial over the severe pain and other issues a patient claims she suffered after she received a pelvic mesh implant.
The patient claimed the device, which the FDA warned about prior to her surgery, left her suffering from severe chronic pain and required additional surgery to unsuccessfully remove. However, in his closing, Keating Jones Hughes’ Peter Eidenberg, said his client, the hospital, bore no responsibility for the device’s selection and use.
“It’s undisputed, I believe, from the evidence that the selection of this device… was made by [the urologist].”
Missouri Jury Awards $462M in Trial Over Fatal Big Rig Underride Crash
A Missouri state court jury handed down a $462 million verdict, including $450 million in punitive damages, in a products liability lawsuit claiming the design of a truck’s rear impact collision guard, manufactured by Wabash National, failed to prevent the otherwise avoidable deaths of two men who crashed their car into the big rig.
During closings of the trial, Simon Law's John Simon walked jurors through evidence he said showed the trucking industry's years-long refusal to manufacture and implement safety equipment that would help prevent such crashes.
“What’s the common theme we’ve seen through all of this? It’s monetizing life.”
Jury Finds Casino Security’s Negligence Did Not Cause Patron’s Death
In July, jurors in California cleared a casino's private security staff in a wrongful death trial over their restraint hold used on an intoxicated patron.
While jurors found the security staff negligent, they determined that the staff members' actions were not a substantial factor in the man's death.
In closings, Bordin | Semmer's Joshua Bordin-Wosk tells jurors evidence established that meth, not security personnel action, caused the patron’s death.
"[T]he only person in this case that you [heard] testify]… that examined [the patron’s] body… unequivocally testified that methamphetamine was the cause of death. It was the only cause of death.”
Email Arlin Crisco at acrisco@cvn.com.
