With a strategic approach, health care organizations can robustly fight back against unwarranted sky-high claims for economic damages. That strategic approach requires recognition of what we call the “Cookie Jar Effect.”
The Cookie Jar Effect: A child reaches his hand into the cookie jar, grabs a cookie and eats it. The next time, he reaches his hand into the jar and grabs ten cookies. But his hand is now too full; he can’t get it out without crushing all the cookies, and he is left with nothing.
In the context of medical malpractice litigation, plaintiffs and their attorneys are overreaching, resulting in claims for economic damages ballooning. What should be a $2 million claim turns into a $20 million claim. In their attempts to normalize unreasonably inflated claims, however, plaintiffs sometimes sacrifice the sound methodologies of their damages experts. Identifying and exposing those instances is a crucial part of our defense work.
Recently, we handled a case with an exaggerated lifecare plan. We filed two separate Daubert motions, challenging both the medicine underlying the lifecare plan and the methodology of the lifecare planner. These motions delivered an important message: if an unreasonable claim for economic damages is made, we will fight back. Such a claim may be precluded from reaching the jury altogether. The result in that case? A reasonable settlement reflecting legitimate damages.
Here at Waranch & Brown, we believe a strong defense should be mounted against all elements of a claim, including damages. Damages claims based on unsound methodologies should be attacked. If a plaintiff is too greedy, he runs the risk of recovering nothing.
If you need assistance with a legal matter, Waranch & Brown and our experienced attorneys are here to help.