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Ohio high court overturns $30 million verdict

NEWS IN BRIEF — Posted Dec. 17, 2007

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Ohio physicians praised a state Supreme Court decision that tossed out a $30 million medical liability verdict because the plaintiff attorney's misstatements and inappropriate courtroom behavior influenced jurors.

On Oct. 25, justices ordered a new trial in the birth injury case, Harris v. Mt. Sinai Medical Center. The award was believed to be the state's largest.

The court said plaintiff lawyer Geoffrey Fieger used "theatrical" conduct and "repeatedly mischaracterized testimony in an attempt to mislead or confuse the jury."

In addition, "improper expert testimony and the alleged misconduct functioned to taint more than just the amount of the verdict; indeed, they tainted the jury's finding of liability itself," the 6-1 opinion states.

Doctors agreed in a friend-of-the-court brief filed by the Ohio State Medical Assn. and the American Medical Association/State Medical Societies Litigation Center.

But a lone dissenting justice said only the issue of damages should be re-decided -- not the entire case -- and suggested a reduced $10 million verdict.

Fieger is asking the high court to reconsider a new award hearing, according to his co-counsel, Jack Beam. He said Fieger had the right to advocate for his client and did nothing wrong.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/12/17/prbf1217.htm.

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