Jordan Strokovsky
$26M Medical Malpractice Verdict for Leg Amputation
April 17, 2024 5:30 PM||TLU n Demand
In this case, the plaintiff was a young man who had his leg amputated at Temple University Hospital in Philadelphia, because his doctors failed to timely diagnose and treat his ruptured popliteal artery.
Shortly before trial, the hospital offered to settle the case for $3M and essentially threatened to tie the case up on appeal in the event the case went to verdict.
The hospital admitted liability on the eve of trial for strategic purposes as an attempt to minimize the amount awarded for damages.
The ultimate recovery for this case was $30.3M, and the hospital would end up announcing systemic changes as a result of this verdict which will hopefully benefit malpractice victims.
Teaching Points:
1. Reframing a case when the defense admits liability on the eve of trial;
2. Obtaining an eight-figure non-economic damages award when you can’t ask for a specific number in Pennsylvania courts;
3. Taking away all credibility from defendant’s main expert within the first minute of cross examination;
4. Handling defense counsel’s made up, and drastically reduced, life care plan in rebuttal argument.
