Calif. Appeals Court Vacates $7 Million Award Against Breg Upon Rehearing in Cooling Device Case

SAN DIEGO — A California appellate court has vacated a $7 million punitive damages award against Breg Inc. in a case involving its Polar Care 500 cooling device, ruling that the evidence does not support the jury’s finding that the manufacturer acted with malice, oppression or fraud.

In a Jan. 6 opinion, the California Court of Appeal, 4th District, held that the plaintiff failed to provide adequate evidence supporting her intentional concealment claim against Breg. The court also reduced the $5.2 million compensatory damages award to $1.3 million, and the $500,000 punitive damages award against the prescribing physician to $150,000.