Monday, January 30, 2006
I previously noted the Lawyers' Weekly top verdicts of 2005. I received a note from Kevin Fox (who is, I note, a 1977 graduate of the WNEC School of Law) pointing out that his $212,580,000 verdict would have been number 4 on the list. The case involved a serious brain injury to a newborn during an attempted VBAC (vaginal birth after Caesarean).
The verdict, which was omitted from the LW list, was in fact the largest verdict ever received on behalf of an individual plaintiff in New York State. It is under appeal by the sole remaining defendant (the rest of the defendants settled pre-trial). From the summary provided by Mr. Fox (see below), it appears that the non-settling defendant (a surgeon) was allocated 5% of the fault.
Here's the summary: Download VerdictSummary.pdf [PDF, obviously].
If this verdict were included, it would knock out a products case against Ford, leaving the total torts-related verdicts at six.