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This post is about a large verdict in Georgia after an awful circumcision mishap caused a boy serious and permanent injuries.  In this post, I talk about this tragic case and I also take a deep dive into the statute of limitations in Georgia in birth injury cases.

The Big Verdict

A jury in Clayton County, Georgia awarded a mother and her four-year-old son $31 million for a circumcision gone wrong. This incidence of malpractice took place at an OB/GYN and pediatric clinic. This is a big verdict for the most common surgical procedure in the country and one that is rarely the subject of a malpractice lawsuit.

 minnesota injury casesThe average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.

Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.

Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state’s law in dealing with car accident claims will make a more meaningful impact on personal injury statistics.

The purpose of this post is to discuss a cerebral palsy verdict for an injury that occurred in 1984 and to explain the statute of limitations in birth injury cases in Washington in 2018.

cerebral palsy verdictsA Saratoga County, Washington jury awarded $43.5 million to a woman who sued the former Bellevue Maternity Hospital in Niskayuna for severe brain damage she suffered during her birth in 1984.

While the Plaintiff is blessed with above-average intelligence with a degree from Arizona State University, she uses a wheelchair and lacks motor skills due to the brain damage from cerebral palsy.

This page looks at the settlement and trial value of personal injury cases in California.   This page was last updated on September 10, 2020.

Jury Verdict Research found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305.

CA-Verdicts-Graphs

What is the median verdict in a California wrongful death case?

Below is a list of GEICO settlements and verdicts in Oregon in 2016.  GEICO is not a company we are fond of, underscored by this 2019 California appellate opinion.

  • Oregon: $120,000 Verdict. An adult female is driving in the left lane of a three-lane, one-way road when she is struck by a vehicle attempting to make a left turn from the center lane. She was insured by GEICO, and filed a claim to recover underinsured motorist benefits. GEICO argues the extent of her injuries, but a jury awards her $1,991.69 for economic damages and $73,008.31 for non-economic damages.
  • Oregon: $99,978 Verdict. The plaintiff is traveling on an off-ramp in front of the defendant’s vehicle. The plaintiff stops her vehicle at a stop sign. She inches out to look at traffic, and the defendant’s vehicle strikes the rear of her vehicle. The plaintiff suffers a left shoulder injury requiring surgery as a result, as well as thoracic and lumbar sprains. The defendant is insured by GEICO, and ordered to pay $74,978 in medical expenses, $20,000 in lost wages, and $5,000 in non-economic damages to the plaintiff.

florida disc injury cases

Value of Injury Cases: Disc Injuries

I think it is useful to write about jury verdicts and give thoughts as to why I think the jury found as they did and the issues that arose in the case.  Why?  Because people are looking online for information about the value of their cases. So we summarize one case, Mayrink v. Luchsinger, the long way and then give sample settlements and verdicts in more Florida disc injury cases.

On our website, we provide a ton of verdict information for victims, many of which suffered a herniated disc.  This helps give some lens to the value of a case.  But it hardly tells the real story of the claim and why a jury may have valued it how they did.  So hopefully posts like this help educate those looking for answers.

Facts of Mayrink v. Luchsinger

This is a herniated disc case.   Plaintiff, a painter by trade, crashed into a median strip after being pushed off the road by the defendant who must have changed lanes without looking.   Usually, in these lane change cases, you almost invariably have a liability fight on your hands.  Defense counsel in this case, probably wisely, admitted responsibility.  Why is this wise?  Defense counsel often admits liability because they know if they fight and lose there is real credibility lost on the scope of the injuries battle.   By admitting fault, the defendant seems more credible and honest than if they fight on liability and lose.  Continue reading

A South Dakota judge ruled this week that health care providers are subject to negligent credentialling lawsuits when they fail to properly negligent credentialing lawsuitscredential doctors.

Judge Bruce Anderson made another important ruling: that even people on the credentialling committee may be subject to suit.   This has not real practical implications because a hospitals will stand behind the committee.  But it is never fun to be sued personally, even if you have no real exposure.

The judge also found that hospitals cannot claim peer review privileges as an absolute defense against discovery requests.  This is very pro-patient safety and could be a ruling that could start to erode the absolute defense from discovery; that has long been the case in Maryland and in most states. The judge’s logic: hospitals may have an obligation, in some cases, to the public that outweighs peer-review confidentiality.  Makes a lot of sense to me.

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Jury Verdict Research conducted a study and found that the median award in a personal injury case is approximately $100,000.  This is twice the national average.  The bad news for New Jersey Plaintiffsnew jersey injury cases is that they only win in 36 percent of personal injury cases that go to trial.

New Jersey has a good sample size to work with to compute this data.  Over 130,000 civil lawsuits are filed every year.  I don’t have data on how many of them are personal injury cases.  But I can estimate: a lot.

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Here are 5 interesting Virginia jury verdicts in 2015 that you might find interesting:

$13,000 Settlement – A 31-year-old man is driving his car on the highway at a rate of around 60 mph. He approaches an intersection where a woman driving a pickup truck is attempting to virginia jury verdictsmake a turn in the middle of the intersection. She starts to travel out into the intersection but stops upon seeing another driver’s car trying to make a left turn in front of her. Contact was unavoidable at that point, and the woman clips the man’s tires. He immediately complains of neck pain and is transported to the hospital via EMS, where doctors diagnose him with soft tissue injuries. He sues both of the involved drivers, claiming that they were negligent in the operation of their vehicles. The defendants contend that plaintiffs injuries were actually from a motorcycle accident that he sustained years ago. Prior to trial, the parties settle for $13,000.

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There have been a lot of interesting personal injury and wrongful death verdicts and settlements in 2015 in Pennsylvania.  Here are five verdicts you will find of particular interest. pennsylvania injury verdicts

$450,000 Verdict – A woman is descending the stairs at her row home when she slips on one of the middle steps. She reaches for the handrail, but just misses it, causing her to fall down the remaining stairs. The woman calls an ambulance which transports her to the emergency room. At the ER, she is diagnosed with a fractured shinbone and a tear of the quadriceps. She has to receive care after the fall given that her leg is immobilized. After the accident, she sues the property-owner, alleging negligent maintenance of the stairs. In her lawsuit, she brings up the fact that she had told the property-manager about how slippery the stairs were on two occasions. At trial, her stair-expert suggests that the stairs were covered with too much polyurethane. This convinces the jury who awards her $450,000.

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