Back in August, I criticized the decision in Maryland to retain the archaic and unfair notion of contributory negligence (see here and here). Now comes news that the doctrine has been used to set aside a $1.7 million verdict.
Following three weeks of trial and two days of deliberations, in the second trial out of more than 3,000 Actos lawsuits pending nationwide, a Maryland jury found that Takeda Pharmaceutical’s failed to adequately warn physicians about the risk of bladder cancer from their popular diabetes drug and awarded nearly $1.77 million in damages. However, the court entered a verdict for the defendant because the jury also found that the plaintiff failed to exercise reasonable care for his own health.
Go here for the full story.