That would have been the end of the Texas case.
"Their problem has been cosmetic," said one lawyer close to the plaintiffs' lawyers in the Texas case.
Last year, a record of $58 million was set in a Texas case.
Both happened to be Texas cases, but the impact of the rulings will extend beyond the state's borders.
Thus the Texas case raises a series of new questions about how to write history.
The facts in the Texas case will come out eventually.
But the Texas cases, focusing on jury instructions, presented a different set of issues.
The two patients involved in the pair of Texas cases that provoked this week's ruling had clear grievances.
Watching the Texas case unfold, many people in the industry say it is time for the government to take a closer look.
The Texas case was decided by a 5-to-4 vote.