New York Family Awarded $130M in Medical Malpractice Lawsuit

April 19, 2013

  • April 19, 2013 at 2:09 pm
    reality bites says:
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    Horribly tragic incident for a heck of a lot of money.

    Not sure I understand the mechanics, but how exactly does one “help” another person swallow?

    • April 19, 2013 at 2:24 pm
      insurancepro says:
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      I’m sure that there may be some type of medical device (similar to a pacemaker) that may assist her with the mechanisms of swallowing. While this is a large sum, I’m sure the costs of raising this child are astronomical. Very sad. I can understand how it got to that amount – depending on how much the plaintiff blackboarded on current v. future medical costs – that and a jury’s ire at a child that has no future.

  • April 23, 2013 at 12:47 pm
    amy says:
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    It is amazing to me that the insurers, the defense counsel or anyone with knowledge about this case would be critical of plaintiff’s counsel for declining the $8 million dollar offer. The insurers, their employees, experts, committees, and the defense firms would have spent tremendous time and effort assessing and analyzing this case and their conclusion before the first trial was that $8 million was the amount to offer. They presumably do not offer the entire amount that they expect to pay on a case, they offer to get a discount on their payment. Yet after one defense verdict and after getting that verdict reversed and a new trial set, no satisfactory offer was made apparently. Obviously a jury in hearing a trial does not accrue more understanding of how to evaluate it than is expected of the insurers, defense counsel, and everyone involved in deciding on the offer. After the second trial, it is understandable that no one knew what the result would be, but there should have been some recognition of the fact that there were reasons for offering $8 million of the companies’ money (or that of their shareholders). Failure to make an acceptable offer and keep it open as long as that case was alive is very difficult to accept or believe.



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