PITTSBURGH — A recent ruling by the Pennsylvania Superior Court has significant implications for punitive damages awarded in negligence cases. On May 19, 2025, the court vacated a $2.7 million punitive damages verdict in the case of Bernavage v. Green Ridge Healthcare, determining that the trial court erred by allowing an amendment to the plaintiff’s complaint that introduced allegations of recklessness at the trial’s outset. The court ruled that this late amendment came as an “unfair surprise” to the defense.
In Pennsylvania, juries can grant punitive damages when a defendant’s actions are deemed outrageous, particularly if they display evil intent or reckless disregard for others’ rights. However, the Bernavage decision highlights the importance of timing when it comes to presenting claims at trial. The plaintiff initially filed only for general negligence but, on the first day of trial, shifted to assert recklessness against the defendant nursing home after eliciting critical testimony characterizing the defendant’s actions.
This ruling is part of a growing trend in Pennsylvania courts where juries have been awarding substantial punitive damages, especially in cases involving medical malpractice and product liability. Each case serves as a reminder for defendants to be vigilant in their pre-trial strategies, which may include seeking motions to exclude late claims of recklessness that could lead to hefty punitive awards.
Punitive damages in Pennsylvania are typically reserved for conduct deemed willful or wanton, or demonstrating a significant level of negligence. The standard for these awards differs slightly between classic personal injury cases and those involving medical malpractice. In medical malpractice cases, punitive damages are capped at 200% of the compensatory damages, unless intentional misconduct is involved.
The Bernavage ruling has sparked discussions on how defense attorneys can better protect their clients. Early identification of possible reckless behavior is crucial, and defendants are advised to explicitly challenge punitive damages claims in their initial pleadings. Additionally, filing motions to limit the introduction of newly claimed recklessness during trial is deemed essential, as defenses may not be adequately prepared for last-minute allegations.
While the legal landscape has become increasingly complex, the Bernavage decision contrasts sharply with other recent high-profile cases in Pennsylvania. For instance, in the widely publicized McKivison v. Monsanto, a jury awarded $2.25 billion in January 2024, primarily in punitive damages, to a plaintiff who claimed exposure to glyphosate led to his cancer diagnosis. This trend toward significant punitive awards underscores a growing sentiment among jurors to hold corporations and providers accountable for perceived negligence or dishonesty.
The ruling from the Superior Court also emphasizes the importance of balancing the need for justice and accountability against the rights of defendants to prepare adequately for their defense. As the legal landscape evolves, both sides will undoubtedly adapt their strategies in anticipation of how jurors perceive evidence of recklessness.
Defense attorneys in Pennsylvania are urged to adopt comprehensive strategies to navigate the pitfalls associated with punitive damages. By carefully assessing the potential for such awards from the early stages of litigation to the trial’s conclusion, legal teams can help mitigate risks and manage the expectations of their clients.
As Pennsylvania continues to witness growing punitive damage awards, this recent decision serves as both a cautionary tale and a guide for legal professionals navigating this complex area of law.
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