No, but it is always a moral decision somewhere to fight vigorously, and it is money thrown not at making things right. Oh but it is always done, it is routine, etc. Well? If a company is built to act, on behalf of board, as selfish as actually spending as much with lawyers (of course, because they want to make their point and hope to set a precedent that says: executives, do not refrain to do evil for a good buck! we can deal with that crapp later--and should we as a society find it okay that corporate america works like that, or can work like that?) as the amount they were finally charged, then we can reason that if they spent that much (almost the full penalty amount!) on a gamble, then the amount is not really a worthy punishment at all! Seen another way, almost as much cash flowed to faceless lawyer gentry as to making up for the thousands who had cancer! And is this supposed to be a healthcare company today? J&J laughs at the face of law-abiding society who is apparently powerless to deter, that is my thinking.
If you screw up you should stand up and take responsibility over that screw up. Not shy away and try to claim innocence. Honestly there should be a punishment on top of the actual penalty for a company that is proven to have intentionally done something like this.
If you know you screwed up and instead of taking ownership you play the blame game, if you lose the lawsuit, you should be responsible not just for the actual damages but also you should be required to payout 100% of your own lawyer fees to the defendant as well.
You’re claiming a tougher penalty would be fought less vigorously?