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.
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