Facts

Michael Washington received an injection of Propofol, a drug used as an anesthetic, at a clinic owned by Dipak Desai. Teva Pharmaceuticals manufactured the drug, and Baxter sold it. Washington suffered injuries and sued the companies, alleging that they were negligent, and that their product was defective. Washington's wife, Josephine, also sued for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Teva knowingly used larger vials, which it knew could lead to overdosing of patients and use of one dose on more than one patient.

DEFENDANT'S CONTENTIONS:
Teva denied the allegations, arguing that clinics should bear the responsibility, and that the product did not have defects. Baxter argued that the clinics chose to use a larger vial, while Baxter did not inform the clinic of which size to use.

Result

The jury found Teva and Baxter responsible, awarding $7 million in compensatory damages to Michael Washington, $7 million to Josephine Washington for loss of consortium, $30 million against Baxter in punitive damages, and $60 million in punitives against Teva. Thus, the award amounted to $104 million.