The tale of Dr. Lenard Rutkowski: plaintiff John Murphy was caught on the stand faking his injuries, but the jury was offended by the violation of privacy from the defense’s secret videotaping of the plaintiff lifting heavy file cabinets, and awarded $5.6 million in damages for a medical error, even though a second surgery didn’t fix the problem for which he blamed the first doctor. Murphy eventually settled for $3 million, and he and his lawyer suffer no consequence for his exaggerations. Illinois, however, lost a neurosurgeon; Rutkowski’s practice was disrupted for years, and he eventually found it was cheaper to practice in a state where insurance rates were nearly 80% lower. (Berkeley Rice, Medical Economics, Jun. 2) (via Kevin MD).
The fact that Rutkowski sued his insurance company for the difference between his policy limits and the verdict shows why the ability of plaintiffs to get jackpot-sized damages on noneconomic claims has an effect on insurers and insurance prices even beyond insurance policy limits.
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They ought to pass a law, if you get caught committing fraud like in that case, your suit gets tossed with prejudice and you pay the attorneys fees. And if the lawyer knew about it, same thing. (Jail time too.)
This kind of thing is just moronic. Where are the State Bars? Privacy rights? Are they kidding? For somebody who was committing perjury and perpetuating a fraud? Was this jury smoking something?
If everybody knows this happened, why isn’t the local DA prosecuting a perjury case? Three million would go a long way for cigarettes & soap in the slammer.
Illinois DESERVED to lose a neurosurgeon if this is what the state’s system of justice allows.
Hope none of those jurors ever needs one.
The jurors must not have been offended by what was cheating. The new American idea seems to be: “If I cannot get ahead honestly, much less honorably, I’ll cheat.” The crowd answers, “Good for you.”