A $212 million verdict against a Botox company has been ruled unfair after Richmond U.S. District Judge Robert Payne used video captured by a courtroom security camera to watch the plaintiff’s lawyer during his closing arguments, reports valawyersweekly.com.
Payne has ordered a new trial after vacating the 2011 jury verdict.
Payne, during analysis of the video, found that the plaintiff’s lawyer used hand gestures to reference a box in relation to an official FDA “black box warning” regarding the negative impacts of Botox side effects.
However, the lawyer had previously promised not to reference the FDA’s warning based on agreed-upon jury instructions.
Payne ruled on Friday, June 1st, that the lawyers hand gestures in complement of his argument made for a trial that was unfair.
Virginia’s law capping punitive damages reduced the $212 million verdict to $12.35 million.
The trial revolved around a man from the Fredericksburg-area who suffered severe nerve damage after receiving Botox treatment for a tremor condition.
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