American Medical News has additional details on the Ohio cerebral palsy medical malpractice case of Hollins v. Jordan, which we covered Aug. 31. Interesting new and previously unreported details include: Hollins was an intrauterine growth-retarded baby, yet the plaintiff sought to blame his medical problems on a decision to hold a C-section in two hours instead of one; plaintiffs asked for triple the damages they had disclosed in an expert report; Geoffrey Fieger would regularly interrupt lawyers for the other side as if “to emulate TV trials in which lawyers can do and say whatever comes to mind.” Though Fieger wouldn’t talk to the American Medical News, the two lawyers gave an interview to an Illinois newspaper that seems to be unaware that the judge overturned the May verdict. (Tanya Albert, “Judge: Mega-verdict spawned by passion”, Oct. 11; Mark Samuels, “Difficult Questions: Who Should Pay And How Much?”, The Southern Illinoisan, Sep. 2; James F. McCarty, “Disabled boy gets $30 million”, Cleveland Plain Dealer, May 25). You may or may not be disturbed to learn that there is a Geoffrey Fieger fan club that was unhappy with the Ohio court’s decision, though don’t expect to find much in the way of reasoned analysis there. (Update, Nov. 20: verdict reinstated.)

In other cerebral palsy litigation news, the Wall Street Journal tells the tale of Brenda Stoltz. The lawyers she retained were excited about the prospect of a multi-million-dollar case involving future lifetime medical care of a brain-damaged baby, but when the child died shortly after, the attorneys dropped the case. (Rachel Zimmerman and Joseph T. Hallinan, “As Malpractice Caps Spread, Lawyers Turn Away Some Cases”, Oct. 8 ($), reprint; Grunt Doc blog, Oct. 8; Brad Parker, Galen’s Log blog, Oct. 8). The Journal article notes one side effect with non-economic damages caps; people without income–the elderly, the young, homemakers–who suffer wrongful death can be left without real recourse, though this is true for many types of untimely death.

Filed under: Cleveland, Geoffrey Fieger, Illinois, medical, Ohio