Jury Verdict Research published a recent study indicating that the average verdict in personal injury lawsuits in Ohio is 303,955. The median personal injury verdict in Ohio is only $13,000. Approximate three percent of Ohio personal injury verdicts exceed $1,000,000.
Recent Settlements and Verdicts in Ohio
- 2020, Ohio: $115,000 Settlement. A 78-year-old nursing home resident was found unresponsive in the facility’s dining room after choking on a piece of chicken. He had a medical history of swallowing difficulties and was missing several teeth. The man was brought to the hospital after being found, where he died within a few hours. His estate sued the facility for leaving him unsupervised as he ate. Their expert dietician testified that she found many standard of care violations throughout the facility. The facility contended that they found no signs of swallowing difficulties and argued that the man’s dysphagia improved before he was admitted there. This case settled for $115,000.
- 2020, Ohio: $60,625 Verdict. A 45-year-old paralegal suffered soft-tissue injuries to her neck, lower back, and shoulder after her vehicle was rear-ended. She underwent multiple treatments including chiropractic, physical, massage, and acupuncture therapy. The woman also received steroid injections to her neck. Her neck and back injuries would eventually resolve, but her shoulder injuries became permanent. Her treating orthopedic surgeon opined that she would need future arthroscopic surgery. The woman settled with the driver’s liability carrier, USAA, for $25,000. However, she sued her UIM carrier, State Farm, who offered to pay $5,000 in medical bills, which she felt was insufficient. The Franklin County jury awarded her $60,625.29. Her net recovery was $30,625.29, based on the liability settlement and the previous medical expenses.
- 2020, Ohio: $52,127 Verdict. A man was a passenger in his employer’s truck, which was rear-ended by a vehicle. He suffered undisclosed injuries. The man sued the driver for failing to maintain an appropriate distance. He sought compensation for pain and suffering, lost wages, and medical expenses. The other driver contested liability, disputing the cause and extent of the man’s injuries. A Hamilton County jury ruled in favor of the man, awarding him $52,127.
- 2019, Ohio: $101,524 Verdict. A man suffered unspecified injuries after an uninsured driver struck his vehicle. He sued both the driver and his UIM carrier, Progressive. The man sought compensation for his injuries, medical expenses, and lost wages. He alleged that Progressive was required to pay him under his policy’s terms. They denied these allegations and claimed that his policy with Progressive was excess coverage. The Cuyahoga County jury awarded him $101,524.
- 2019, Ohio: $4,000,000 Verdict. A man got into a verbal dispute with a tavern bartender that escalated. He then got into a verbal altercation with a 370-pound bouncer, who hip-checked and slammed the 180-pound man onto the floor, landing on top of him. He suffered a humerus fracture that necessitated open reduction internal fixation surgery. His hardware became infected and was surgically removed. The man claimed that he suffered permanent pain and had difficulty lifting his arm above his shoulders. He could no longer work as a union insulator. The man sued the bar for failing to properly train the bouncer on how to de-escalate a situation. An Ottawa County jury awarded him $4,000,000.
- 2018, Ohio: $300,000 Verdict. A man was admitted to a hospital for treatment of his Parkinson’s. He experienced swallowing difficulties as a result. A nurse administered 10 different medications orally. One of the capsules got caught in his windpipe. The staff could not dislodge it for several hours. He eventually died of asphyxiation. His estate sued the hospital, alleging that one of their nurses breached the standard of care. They also alleged that the nurse failed to properly administer the man’s medications. The Erie County jury awarded $300,000.
- 2017, Ohio: $209,047 Verdict. A married couple came to a stop in traffic on I-270. An uninsured driver was behind them and struck their vehicle. This impact pushed them into the vehicle in front of them. The wife suffered severe unspecified injuries. Besides the driver, they sued their insurer for uninsured motorist coverage. The Franklin County jury awarded them $209,047.
- 2016, Ohio: $28,745,991 Verdict. A couple arrived at the hospital for their son’s birth. During labor, hospital staff placed a fetal heart monitor whose strips were initially reassuring. However, they deteriorated as labor went progressed. The couple alleged that neither the obstetrician nor the nurses intervened. Their son was not breathing after birth and needed to be resuscitated. He was then transferred to a Children’s Hospital for further care. The baby suffered oxygen deprivation and was diagnosed with cerebral palsy. The family received a $28,745,991 verdict.
- 2015, Ohio: $2,700,000 Verdict. A married couple was riding on their trike. Its right-rear axle broke, causing the vehicle to go off-road and strike a ditch. The impact threw the couple into the air. The husband became paralyzed from the chest down and died 40 days later. His widow suffered fractures to her legs, arms, and ribs. She underwent five surgeries to treat her injuries. The estate sued the business that made and sold the axle. They alleged that the axle was of poor quality. The state showed evidence that the axle was not heat-treated, which violated industry standards. The jury awarded $2,700,000. This consisted of $1,033,000 to the widow and $1,042,000 for survivorship to the decedent.
- 2013, Ohio: $5,250,000 Settlement. The plaintiffs, two parents, file suit after their infant son is born. As in many of these birth injury claims, the child was deprived of oxygen at birth. Mom presented to the hospital at 3:20 p.m. She is in early labor. Her OB/GYN left her with a second-year resident. The baby looked good. Her fetal tracings were fine until midnight. For the next four hours, conservative intrauterine resuscitative measures had been taken in response to the non-reassuring tracings. At 4:50 a.m., the fetal monitor flatlined and an emergency C-section was performed. The infant was born at 5:10. Mom and Dad file suit alleging both doctors were negligent in failing to perform a more timely C-section, leading to complete oxygen deprivation. The case was bifurcated, and after the court found the hospital and doctor to be negligent. The parties negotiated a $5,250,000 settlement.
- 2013, Ohio: $400,854 Verdict. A 47-year-old probation officer in Ohio files a medical malpractice suit against Defendant, University of Toledo Medical Center. A loss of consortium claim is included on behalf of the victim’s husband. After a two-year history of pain in the right upper extremity, an EMG revealed evidence of right cubital tunnel syndrome. Transposition of the ulnar nerve was performed. During the surgery, the ulnar nerve was transected. Post-operatively, she continued to treat for pain. She reported hypersensitivity in her hand and difficulty at work. After treatment and management of complex regional pain syndrome with stellate ganglion blocks, and a regimen of physical therapy, she underwent a second surgical procedure. As a result, she resigned from her job as a probation officer due to her inability to keep up with her work duties. She filed suit claiming permanent complex regional pain syndrome (CRPS), hypersensitivity, and difficulty sleeping. The court determined she should have been able to continue working and declined to award lost wages. They awarded $250,000 to her for past and future pain and suffering, and $854 for out of pocket medical expenses. The husband was awarded $150,000 for loss of consortium. The total judgment was $400,853.88, plus a $25 filing fee.
- 2010, Ohio: $75,000 Verdict. A 60-year-old retiree was awarded $75,000 for pain and suffering as a result of being injected with the wrong patient’s blood. During a routine nuclear stress test, the Plaintiff was hooked up to an IV for injection of medications. The Defendant failed to check the Plaintiff’s wristband and injected her with a blood mixture from the patient in the adjoining room. The blood had not been screened for blood-borne diseases. Ultimately, there was no evidence of infection, and the Plaintiff did not suffer the rejection of the blood, therefore the Defendants denied liability on the grounds that the Plaintiff did not suffer an injury. The jury disagreed but obviously did not award a great deal of money.
- 2010, Ohio: $196,000 Verdict. A 42-year-old homemaker was awarded $195,500 as a result of a common bile duct injury that required additional surgery to repair. Plaintiff underwent a laparoscopic cholecystectomy during which the Defendant surgeon mistakenly clipped and removed a portion of her common bile duct. Defendant claimed that a common bile duct injury is a known risk and complication of the procedure. An Ohio jury sided with the Plaintiff and awarded her $196,500 for pain and suffering, and $70,000 for past medical expenses. The total verdict was $196,500.
Please don’t read too much into these verdicts and settlements as a path to calculate the value of your own claim. But these are educational and informational and can shed light on the value of your case.