We just finished a two-week medical malpractice trial on Friday and I'm excited to report that the jury returned a $5.1 million dollar verdict in favor of Mrs Retha Carroll. Soon we'll post video of the opening and closing.
This was an extremely satisfying verdict for a number of reasons. The case was in litigation since 2004 and involved 6 defendants and 8 defense lawyers at trial. At times it felt as though we were litigating against every defense lawyer in Louisville.
The verdict is significant for a number of reasons. First, our client was 75 when he died as a result of the malpractice. Typically, juries don't make significant pain and suffering awards in cases involving elderly people. Here, a jury did the right thing by recognizing that pain is pain, regardless of whether you are 25 or 75. It is also significant because of the loss of consortium award to the wife. A jury appreciated the catastrophic loss that she felt for six days while her husband of 53 years lay in a coma. I believe it may be the largest consortium verdict of its kind in Kentucky.
Once again, I remain convinced in the wisdom of our jury system. You may read the article from the Courier Journal by going here.