Weiss v. Shree Baidyanath Ayurved Bhawan Pvt. Ltd.
1:21-cv-00155
| E.D.N.Y | Mar 7, 2025Background
- Plaintiff Thilo Weiss sued Shree Baidyanath Ayurved Bhawan Pvt. Ltd. after suffering severe lead poisoning from Ayurvedic supplements purchased in India and taken in the U.S.
- Weiss alleged that the supplements, marketed as safe and free of side effects, contained dangerous levels of lead, mercury, and arsenic; testing by New York City authorities confirmed this.
- Previous U.S. and Canadian government warnings had been issued regarding defendant’s products containing unsafe heavy metals.
- The defendant failed to appear in the lawsuit, leading to a default judgment as to products liability and failure to warn claims (Counts I-IV); intentional tort claims were time-barred.
- The issue before the Court was to determine the appropriate damages following entry of default judgment, limited to compensatory and punitive damages for products liability claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compensatory damages for past pain | Suffered severe and ongoing physical/mental pain justifying $1.3M; cited comparable NY lead poisoning cases | None (default) | $1.3M compensatory damages for past pain awarded |
| Compensatory damages for future pain | Seeks $250,000 for anticipated long-term effects of poisoning | None (default) | Future damages not awarded; claim deemed speculative |
| Punitive damages | Defendant acted with wanton disregard; seeks award equal to compensatory damages ($1.3M) | None (default) | $1.3M punitive damages awarded |
| Appropriateness of default damages | Supported claims with evidence from experts and spouse | None (default) | Damages awarded based on declarations and precedent |
Key Cases Cited
- Caprara v. Chrysler Corp., 417 N.E.2d 545 (N.Y. 1981) (pain and suffering damages are inherently imprecise and subjective)
- New York Univ. v. Cont’l Ins. Co., 87 N.Y.2d 308 (N.Y. 1995) (punitive damages require grossly reprehensible conduct)
- Home Ins. Co. v. Am. Home Prods. Corp., 75 N.Y.2d 196 (N.Y. 1990) (punitive damages appropriate for wanton or reckless disregard)
- Wilson v. City of New York, 65 A.D.3d 906 (1st Dep’t 2009) (damage awards for lead poisoning adjusted for inflation)
- Solomon v. City of New York, 111 A.D.2d 383 (2d Dep’t 1985) (lead poisoning claims justified high compensatory awards)
- Reed v. City of New York, 757 N.Y.S.2d 244 (1st Dep’t 2003) (pain and suffering awards are subjective and fact-sensitive)