The one month bellwether trial in Atlantic County Superior Court in New Jersey has concluded and the case has gone to the jury for a decision. After rendering her jury charges to the nine-person jury, Judge Carol Higbee sent them to deliberate and render a verdict. No verdict had been reached by the end of the first day of deliberations and the jury will resume deliberations on Wednesday, February 20th. The jury asked to review once again the testimony of the physician who implanted the prolift. The video deposition of Dr. Kevin Benson was played for the jury again. Both sides claimed this to be evidence the jury was leaning in their respective directions.
In New Jersey, for a verdict to be reached only 7 of the 9 jurors need to agree. The plaintiff and her husband are seeking $3.38 million in lost income, lost earnings and future medical bills as well as an unnamed amount for pain and suffering. Judge Higbee has not yet ruled whether the jury may consider an award of punitive damages. For a punitive damage award, the plaintiffs must have presented sufficient evidence to show the Defendant acted in a reckless or intentional manner.
We will post a new update when a jury verdict is rendered.