backKing & Spalding secured a significant trial result for our client R.J. Reynolds in the Third Circuit Court in Kailua-Kona, Hawai`i. The case was brought by David Caravalho, as personal representative of the estate of his late wife Theresa Caravalho, who asserted that R.J. Reynolds committed fraud and manufactured a defective product that caused his late wife’s COPD and death. The King & Spalding team negotiated a favorable stipulation whereby Plaintiff would withdraw his wrongful death and punitive damages claims, proceeding only on the claim for Mrs. Caravalho’s damages for pain and suffering (and medical expenses) related to her COPD.
On October 10, after a five-week trial, the jury returned a verdict rejecting Plaintiff’s request for up to $50 million in damages. The jury found that Plaintiff was entitled to $0 in pain and suffering damages, limiting Plaintiff’s recovery to Mrs. Caravalho’s medical expenses (as reduced by her percentage of comparative fault). The result was especially noteworthy in light of the fact that Hawai`i has seen a large number of nuclear verdicts in recent years.
The case was tried by Ursula Henninger, Philip Green, and Drew Bell, with support from Logan Matthews and Sneha Banerjee. The team also received significant assistance from Arthur Fahlbusch, Mike Powers, Jeannine Novak, and Sara Warburg-Koechlin.