Geoffrey Fieger (May 5, 2006; Mar. 24, 2005; Mar. 13, 2005; Aug. 31, 2004; etc.) got some favorable rulings in a South Carolina medical malpractice case. Fieger claims that the hospital fatally overdosed the plaintiff’s dead husband; the hospital argues that, as an autopsy showed, he died of a rare heart condition. Because the hospital only had copies of the original records, and not the original records themselves, Fieger persuaded the judge to instruct the jury that the defendant hospital had engaged in a cover-up and that the jury could draw an adverse inference; moreover, the jury wasn’t told about a side-deal Fieger cut with a co-defendant that apparently resulted in that defendant making only a token defense at trial in exchange for a limitation of damages, a sequence that a non-settling co-defendant doctor protested futilely as Fieger directed his closing argument at her, calling her a killer and a liar. Fieger asked for $55 million including punitives, the jury returned $30 million in “compensatory” damages but the judge threw the whole verdict out as obviously the product of passion or prejudice. Fieger says he looks forward to retrying the case. The case was brought before South Carolina capped malpractice awards. (John Monk, “$30 million verdict overturned”, The State, Mar. 9; John Monk, “$30 Million awarded in death of physician”, The State, Aug. 12).
Fieger files: $30M medical malpractice verdict tossed in South Carolina
Geoffrey Fieger (May 5, 2006; Mar. 24, 2005; Mar. 13, 2005; Aug. 31, 2004; etc.) got some favorable rulings in a South Carolina medical malpractice case. Fieger claims that the hospital fatally overdosed the plaintiff’s dead husband; the hospital argues that, as an autopsy showed, he died of a rare heart condition. Because the hospital […]
2 Comments
I live in the Detroit area and Feiger’s office is about 2 miles from here. Feiger first came to my attention years ago when he won a multimillion dollar birth trauma malpractice verdict for a family whose child had a severe disability by convincing a jury to ignore the scientific evidence that showed, conclusively, that it was a genetic disorder. Feiger made an emotional summation that called the evidence “junk science”, which brings to mind pots and kettles.
The doctors were speechless that hard science could be so ignored.
The trial lawyers established a precedent with the tobacco litigation that a legal industry can be compelled to pay the costs that the industry causes society. Since the threat and reality of litigation is a key factor in the cost of medicine, with everything from drugs to electrical outlets needed to be vetted and insured against litigation, I say hoist the trial lawyers on their own petard. We should have a national health insurance plan funded by a 50% surtax on attorneys’ fees in personal injury cases.
“…as Fieger directed his closing argument at her, calling her a killer and a liar.”
Slander come to mind!
But first give the judge a gold star! This is what we desire from judges, he should have gone on and awarded all defendants attorney fees and wage compensation!
With at least 50% of it coming from the plaintiff’s attorney.
Take a BITE outta the TLA!!!