Fourth Circuit: Donna Cisson v. C. R. Bard, Incorporated

FRE, Torts

No abuse of discretion in holding that compliance with a federal regulation was more prejudicial than probative in a state product liability claim, as the federal reg was a restatement of existing practices which merely required substantial compliance with similar product strategies.

Also correctly barred from punitive damages consideration, as minimal compliance wouldn't bar finding of high willfulness.

Error in allowing contents of MSDS in for the truth of the matter asserted as a list/directory, treatise,  -- correct posture would have been for deft's knowledge - the difference is harmless.

No error in court's use of strict liability tort instruction as opposed to medical malpractice instruction in action involving manufacturer of medical devices.

Seven to one punitive damages ratio not constitutionally excessive.

Since the state created the right of action, state can take a percentage of the punitive award.

http://www.ca4.uscourts.gov/Opinions/Published/151102.P.pdf