Top Plaintiffs' Verdict by Dollar: Kuhlmann v. Endo-Surgery Inc. and J&J Health Care Systems Inc., $79.8 Million

Product liability

Alameda County

Superior Court Judge Ioana Petrou

Plaintiffs' lawyers: Alexander Law Group LLP, Nina G. Shapirshteyn, Richard Alexander, Annie C. Wu

Defense lawyers: Wilson Elser Moskowitz Edelman & Dicker LLP, Genese K. Dopson; Supple and Canvel LLP, John L. Supple; Justin T. Biddle; McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP, Robert M. Slattery, Martin J. Ambacher

A catastrophic surgical misfire by a defective hemorrhoid staple gun led to a seriously injured patient and a nearly $80 million dollar plaintiff's verdict. An Alameda County Superior Court jury made the big award to a retired San Jose police officer whose anal canal was accidentally stapled shut by a medical device made by Johnson & Johnson Inc.'s Ethicon Endo-Surgery LLP. Plaintiff Florence Kuhlmann's 2012 surgery at the Pleasanton Surgery Center left her in pain and needing a colostomy bag. Lawyers at Alexander Law Group LLP in December persuaded jurors - after a 24-day trial - to award Kuhlmann $8.5 million and her husband $1.3 million for pain and suffering, past and future medical costs, loss of consortium, embarrassment, humiliation and disfigurement.

Several days later, the same jurors took only two hours and 20 minutes of deliberations to come back with a $70 million punitive damages award. Kuhlmann v. J&J Health Care Systems Inc., RG-13675753 (Alameda Sup. Ct., filed April 16, 2013). The device was recalled six months after Kuhlmann's surgery.

"The jury rightfully concluded that Ethicon engaged in reprehensible conduct in knowing about its product's defects for 10 years and doing noting to change its design or manufacturing process," firm managing partner Richard Alexander said.

He added that the jury's finding that Johnson & Johnson was 100 percent at fault precluded application of California's $250,000 cap on medical malpractice awards. Alexander said that his firm's lead lawyer at the trial, Nina G. Shapirshteyn, fought the case hard.

"Shapirshteyn's tenacious discovery on videotape uncovered and proved that the stapler contained a manufacturing defect, which had been known to Ethicon Endo for years, that rendered it defective and unreasonably dangerous," he said.

- John Roemer