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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained.

J&J Defense and DePuy Pinnacle Trial Verdict

John Beisner, an attorney for Johnson & Johnson’s DePuy, stated he expects the DePuy Pinnacle trial verdict to be a “pyrrhic victory for plaintiffs’ counsel” .

The J&J DePuy attorney’s position that this is a “pyrrhic victory” and that there are strong grounds for appeal is simply his opinion.  We know from DePuy’s prior history that they were going to appeal any verdict in the plaintiffs’ favor.  Whether or not they have strong grounds to have this verdict reversed or the judgment reduced will be a matter for the plaintiffs’ appellate team to work through.

As for the statutory cap, yes the punitive damage award will be reduced pursuant to a Texas law that limits the amount of punitive damages that can be recovered against a defendant.  The law in Texas is:
 
LIMITATION ON AMOUNT OF RECOVERY. (a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages. (b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of: (1)(A) two times the amount of economic damages; plus (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000. (Texas Civil Practice & Remedies Code 41.008)

So, for example, in the DePuy Pinnacle trial, most plaintiffs received a compensatory damage award of about $27 million.  If the economic damages were $1 million and the non-economic damages were $26 million, the punitive damages should be capped at $2.75 million (i.e. two times economic damages plus non-economic damages up to $750,000).

On the other extreme, if the economic damages were $26 million and the non-economic damages were only $1 million, the punitive damages should be capped at $52,750,000.

This is similar to the medical malpractice MICRA cap in California – i.e., even where a California jury awards a plaintiff many millions of dollars in pain and suffering damages against a negligent doctor (because the jury is not told about the cap), the pain and suffering award gets reduced to a mere $250,000.

Since we don’t have the information yet as to how much the Texas jury awarded each of the 5 plaintiffs in economic damages, we don’t know by how much the $360 million punitive damage award will be reduced.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

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Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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