Damages limitation

There has been a slowdown in the number of huge damages awards in the US, an annual survey has found.

However, there were still 18 awards of more than $100 million in 2001, compared to 27 the year before.The National Law Journal's annual survey found that the number of $20 million-plus verdicts remained steady at around 100.A tobacco-related award of $3 billion was the largest in 2001, although that has already been cut back to $106 million and could be erased altogether over an argument about whether an old Californian law prevented the smoker from suing.In common with most tobacco cases in the US at the moment, the claimant sued on more than product defects.

He also alleged fraudulent concealment, civil conspiracy, false representation and deceit, as well as false and misleading advertising.Asbestos cases have made a 'stunning comeback', the survey found; after making little impression in recent years, there were 13 awards of $10 million or more, including a jury verdict of $150 million in Mississippi.

There was also an increasing number of large product liability verdicts against the makers of drugs or medical devices, such as $56 million against the maker of the fenfluramine segment of the diet drug fen-phen, $43 million against the maker of the diabetic drug Rezulin, and $100 million against the maker of heartburn medicine Propulsid.Overall, the trend to larger jury verdicts in the US continues; ten years ago, there were 38 verdicts of $20 million or more.