Citing juror confusion and unclear instructions, an Orange County Superior Court judge ordered a new trial in a suit involving the death of an Anaheim woman from toxic shock syndrome.
On May 3, a jury found that Dolores Shea, 30, died as a result of using a defectively designed tampon but that manufacturer Kimberly-Clark could not have foreseen the death. Therefore, the jury awarded her family no monetary damages.
After the verdict, jurors said they had wanted to award money to Shea's husband, Michael, and the couple's three children but felt that they couldn't under the instructions given to them.
Judge Eileen C. Moore ruled Wednesday that the jury's findings were inconsistent and based in part on improper consideration of evidence. She ordered the case retried.