We covered this case as Hollins v. Jordan in 2004 on Nov. 20, Oct. 11, and Aug. 31. In a disingenuous 2-1 opinion, an Ohio appellate court overturned the lower court’s grant of a new trial, and reinstated the liability verdict. The court did hold that the $30 million verdict was too high, but it is unlikely to be reduced more than 20%. I found the dissent, starting on page 23, persuasive; the majority opinion falsely claims that the defendants did not challenge liability on appeal to argue that there was no need for a new trial. New detail that the press did not cover: the plaintiff suffered from microcephaly—is there a legitimate doctor out there who wishes to claim that brain damage from microcephaly results from the failure to perform a C-section? Also worth reading in the dissent is the detailing of the dishonesty with which Geoffrey Fieger characterized testimony. Lawyers plan to appeal to the Ohio Supreme Court. (AP/Canton Repository, May 5 (link fixed 5:45 pm)).
Update: McLeod v. Mt. Sinai Medical Center
We covered this case as Hollins v. Jordan in 2004 on Nov. 20, Oct. 11, and Aug. 31. In a disingenuous 2-1 opinion, an Ohio appellate court overturned the lower court’s grant of a new trial, and reinstated the liability verdict. The court did hold that the $30 million verdict was too high, but it […]
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