I disagree about punitive damages because the MSA does not allow for that in cases of fraud or malice. Read it and you will see that it is very clear on when such damages might be awarded. I posted the relevant provisions a week or so ago.
Your assertion of gross negligence without having all of the facts is just based on emotion and may get people here to like your posts, but you wouldn't want decisions made against you based on emotion and not facts, right?