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Thursday, December 27, 2007

Consistency is a Hobgoblin, Right? Remember That...

Meet Laurence Dry, M.D., J.D., a med-mal lawyer in Kentucky, and proud owner of two judgments against him -- one for losing a purportedly sure-winner case, and one for bringing that same case, this time purportedly frivolous.

On the one hand: His (legal) malpractice insurer recently paid $750,000 to a former client, John Conley, for losing a can't-miss lawsuit against one Dr. John Johnson.  Conley lost much of his vision and alleges that it was the result of (medical) malpractice by Johnson in performing back surgery. 

Dry initially reviewed the case and found it not worth bringing, but then, later, without realizing he'd previously reviewed it, he changed his mind and brought it...but he was coming up against the statute of limitations and brought it without experts.  Once he did get experts, there were further problems:

[O]ne of the expert witnesses he claimed he found later to support his theory insisted in a deposition for Johnson's case that he had said no such thing. The other expert witness had Alzheimer's disease and couldn't be interviewed, Sitlinger said.

So he dropped the suit, and was sued by both Conley for losing the case (by ignoring what he identified as a better factual theory targeting the anesthesiologist) and Dry for bringing it at all.  A jury awarded Johnson $80,000, and Dry paid that judgment earlier this year, calling it a "love tap."

--BC

http://lawprofessors.typepad.com/tortsprof/2007/12/consistency-is.html

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As one of our reader/informants sums up this litigation against a Kentucky surgeon filed by (and backfiring against) a Tennessee attorney: "Plaintiff lawyer (who is a JD/MD) gets sued by both his plaintiff client and... [Read More]

Tracked on Jan 11, 2008 6:38:23 AM

Comments

Did you note that Mr. Dry's firm was founded in 1982 and he graduated from law school in 1988?

Hmmm.

Posted by: John Day | Jan 1, 2008 5:06:33 AM

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