According to several notable legal journals, three of the top ten largest jury verdicts of 2009 included medical malpractice court cases. These verdicts from trials concluding in 2009 include only those cases involving a single plaintiff, or patient, and do not include class action cases or other consolidated medical malpractice claims. For patients, the verdicts pave the way for future medical malpractice claims, stemming from similar damages.
These award figures are essential in litigating claims with health care companies and doctors in any malpractice claim, as these court precedents help patients determine the true value of their given medical malpractice suit, and in turn, can be used as leverage in settlement negotiations. This is especially true of single party verdicts, instead of class actions and others, which require many patients suffering from the same or similar damages due to medical negligence, which is rarely a reliable method of pursuing a claims case, at least from the perspective of an individual patient.
The Top Three Largest Medical Malpractice Jury Verdicts in 2009
- $60 million: A woman in New York City filed suit against a plastic surgeon for disfigurement and other damages stemming from negligence occurring during a thigh lift procedure, which caused vaginal deformation, as well as other lifelong medical complications for the patient. The surgeon named in the suit was performing a thigh lift procedure to remove excess skin, following massive weight loss in the patient after undergoing a gastric bypass procedure.
- $77.4 million: The parents of an infant in New York City filed a suit on the child’s behalf against hospital staff and doctors involved in the delivery of the infant, which ultimately involved medical staff failing to perform a timely C-Section when the infant was in distress. Consequently, the child suffers from Cerebral Palsy, which presents lifelong medical costs to both the parents and child. Additional damages were awarded for past pain and suffering, future pain and suffering, future rehabilitation costs, and future medical expenses and care giving costs.
- $78.75 million: An Illinois woman won a $78.75 million verdict against medical professionals and others, such as Wyeth Pharmaceuticals, involved in the creation, marketing, and manufacture of the hormone therapy replacement drug Prempro. The patient stated she developed breast cancer as the result of taking the drug upon recommendation from her healthcare providers.
Getting Legal Help with Medical Malpractice Claims
Having an attorney’s advice on the viability and relative strength of your potential medical malpractice claim is important. The majority of medical malpractice cases do not go to trial, but rather, are settled outside of the courts for substantial sums to compensate patients for losses and damages. Consult with an attorney as soon as you feel that you may have been a victim of medical malpractice.
