[natedogg]

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perhaps there is a better penalty that doesn't involve direct monetary fines?

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What's wrong with monetary fines? They work well, they accomplish the goal of cowing businesses into being careful about consumer safety.

The problme with the vioxx case is not the punitive damages (which are going to be reduced because they exceeded the legal limit anyway). As I noted, one of the jurors admitted he didn't even understand anything the lawyers were talking about. The juror was an idiot, and the case was without merit. The man died from a cause that has not even been linked to Vioxx!

If Merck had actually acted negligently, then a huge punitive damages award would be appropriate. A perfect example of this was the much vilified McDonald's coffee case. The punitive damages were if anything mild.

natedogg