A new trend may be emerging for health care professionals facing trial, and it’s not a welcome one: big verdicts.
Consider a recent verdict for an Iowa family in a birth injury case that is the largest in that state’s history for medical malpractice cases. The lion’s share of the $97M was for future ‘round-the-clock medical care for the brain-damaged child, throughout his life.
Since jury trials have begun in earnest post-pandemic, the size of the awards has been surprisingly large. And we see no evidence of jury sympathy for health care providers or medical systems that weathered the pandemic storm. On the contrary, we have seen recent large medical malpractice verdicts in Baltimore City ($33M), Washington, D.C. ($17M), Harford County ($13M), Frederick County ($9.9M), and Howard County ($5M).
As we always say, every case is unique, and the verdict turns on the facts. But these large verdicts show a willingness to award sums reflecting deference to the Plaintiffs’ life care plans and often economically inflated opinions. Is this a trend that is here to stay or just aberrant awards on difficult cases? Only time will tell.
In the meantime, we continue efforts to undermine the Plaintiffs’ life care plans and aggressively challenge opposing life care planners, their methods, purported techniques, and forensic work. If you need any help with your cases or would like to discuss potential large dollar exposure, we are here to help.