Juries Gone Wild

Eddie Haskell

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Wayne:

Heres another one for your digest. I know Michigan Law Review doesn't compare to Fox News, National Review and your other unbiased sources to spread the right wing word but here is some TRUTH about what real juries are doing to real people in real cases. Not your sound bite, one in a million, dry cleaner litigation National Enquirer garbage that you like to pass as the norm.

Michigan Law Review - Doctors & Juries - Physicians widely believe that jury verdicts are unfair. This Article tests that assumption by synthesizing three decades of jury research. Contrary to popular belief, the data show that juries consistently sympathize more with doctors who are sued than with patients who sue them. Physicians win roughly half of the cases that expert reviewers believe physicians should lose and nearly all of the cases that experts feel physicians should win. Defendants and their hired experts, it turns out, are more successful than plaintiffs and their hired experts at persuading juries to reach verdicts contrary to the opinions of independent reviewers.

http://www.michiganlawreview.org/archive/105/7/peters.pdf

Eddie
 

The Sponge

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Eddie i know a guy who is pretty high up in a pretty well known hospitol and these doctors code of silence might be even tougher to beat then a cops. Juries just love to believe cops no matter what is the case. These guys just stick together no matter what the truth is. Tough nut to crack.
 

Eddie Haskell

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Sponge:

As one who sees this stuff everyday, the code of silence is very real. I have to go well outside of Cincinnati to find a doc to evaluate a plaintiffs case. If a local doc dares to testify against another local doc his malpractice carrier will find a reason to drop him. Great country we live in huh.

Yeah, Wayne, this is a law student article based on research. I'd say pretty unbiased. He might go on to work for a insurance defense firm. Besides that, the article is very true. 80 to 90% of malpractice jury verdicts are in favor of defendant doctors and hospitals.

Eddie
 

The Sponge

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Sponge:

As one who sees this stuff everyday, the code of silence is very real. I have to go well outside of Cincinnati to find a doc to evaluate a plaintiffs case. If a local doc dares to testify against another local doc his malpractice carrier will find a reason to drop him. Great country we live in huh.

Yeah, Wayne, this is a law student article based on research. I'd say pretty unbiased. He might go on to work for a insurance defense firm. Besides that, the article is very true. 80 to 90% of malpractice jury verdicts are in favor of defendant doctors and hospitals.

Eddie

I know what you are talking about. I almost leaked something i knew because i was so pissed off but they would have figured out it was from my buddy. I know this shit gets him steamed but they will make life miserable to someone who comes forward. Kinda like the guy who leaked the Abu Griab (spelling) pictures. Good old Rummy leak his name and now he lives a miserable life. Its okay to leak if you are on the side of the rotten.
 

DOGS THAT BARK

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Lets do a search on your topic 'Juries gone wild" and see what we discover--:)

1st page of search
http://www.usatoday.com/money/companies/2006-06-03-fedex_x.htm
California jury awards $61 million to two FedEx drivers in harassment lawsuit

OAKLAND (AP) ? A Superior Court jury awarded $61 million to two FedEx drivers of Lebanese descent who claimed a manager harassed them with racial slurs for two years.
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http://www.forbes.com/opinions/2007/07/23/tort-reform-tabarrok-oped-cx_ata_0724tort.html
Courts Gone Wild
Alexander Tabarrok 07.24.07, 6:00 AM ET

Any American who watches TV or reads a newspaper has probably heard about the Washington, D.C., dry cleaner who allegedly lost Roy Pearson's suit pants and was sued by Pearson--a D.C. judge--for $67 million, including $500,000 for "emotional damages."

While bizarre, to be sure, stories like this are increasingly common. A rampaging squirrel, for example, allegedly attacked Marcy Meckler in the courtyard of a Chicago mall. Did Meckler call animal control? No. She sued the mall for $50,000.
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Jurors gone wild
Shirley McClure wanted to open a chain of six residential homes for Alzheimer's in Long Beach. She had "no experience in elder care," "ignored a number of Department of Social Services requirements for such facilities," and also disregarded a number of city ordinances. As a result, complaints were so widespread that the city eventually shut down the projects for failing to meet code and brought criminal charges, and McClure declared bankruptcy -- and sued the City for "discriminating" against Alzheimer's patients. She also blamed her lupus on the City's actions. It's bad enough that the case took twelve years to litigate, six months of trial time in federal court, and cost the cash-strapped city nearly $4 million in legal fees. Five months of juror deliberations (made more lengthy when the jurors lied to the court to get a day off to go to the racetrack) resulted in a $22.5 million verdict. The Long Beach Press-Telegram has a lengthy and jaw-dropping description of the jury deliberations worth reading.
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and a one stop bonanza of 20 pages of such in link
http://findarticles.com/p/articles/mi_m1154/is_n2_v86/ai_20201225

1st page

Lawsuits gone wild - effects of lawsuits on small business - includes related information on costs - Cover Story
Nation's Business, Feb, 1998 by Michael Barrier, David Warner
It sounds like an employer's worst nightmare. A minority employee fails to receive a promotion. He sues the company, charging racial discrimination. His white supervisor -- who has already resigned to take a job with higher pay at another company -- joins in the suit. The supervisor claims that he was first pressured not to promote his subordinate and then, after he supported the subordinate's complaint of discrimination, was denied a promotion himself.

The court record shows no clear-cut evidence that the company discriminated, but a jury finds for the plaintiffs anyway. It awards them a sum covering economic harmn, emotional distress, and punitive damages. The total: $89.5 million, one of the largest awards ever made by a state or federal court in an employment-law case.

An appellate court reduces the punitive damages sharply -- but they still total $7.8 million. The court affirms the damages for emotional distress, which are, at a total of $5.5 million for the two plaintiffs, also extraordinarily high. The damages in all three categories, including $4 million affirmed form economic harm, total $17.3 million.

That case is now before the California Supreme Court, which must decide if the employer, Hughes Aircraft Co., is entitled to a new trial.

Hughes Aircraft, of course, is not small. And a small-business owner may be tempted to dismiss the likelihood of such a calamity happening to him or her as improbably remote. But where employment law is concerned, a case like this has everything to do with small companies.

Although trial lawyers have tended to go after companies with "deep pockets," small companies have become increasingly vulnerable to employment lawsuits. The grounds for such suits have multiplied in the past few decades as a result of state and federal laws barring discrimination based on race, disability, age, and gender.

Sometimes the lawsuits would seem ludicrous if it were not for the costs they impose on the businesses that are targets.

Take, for example, the case of a 16-employee machine shop in a Western state. According to the firm's owner, one of its employees -- a man approaching retirement age -- volunteered in front of witnesses to be laid off if layoffs became necessary.

Eventually, business slowed to the point that the employee had to switch jobs in the plant or be laid off, and, the owner says, the employee chose to be laid off. Two years later the laid-off employee sued, charging age discrimination. In 1997, after a year and a half of litigation, the company settled, paying a total of $140,000 in damages and attorneys' fees.

The owner says that he believed he had no choice. His accountant told him that if he settled for that much, his costs would be no more than they would be if the case went to trial and he won -- and there was the very real danger that a jury would find for the plaintiff and give him a large award. So the owner decided, he says, "to protect the company and the jobs of the people here." (He says the terms of the settlement preclude his being identified in this article.)

"It's really kind of heartbreaking to get involved with the legal system," he says. "You think you're going to be treated fairly, and it all boils down to dollars and cents.'

There are many such examples, says Michael Lotito, managing partner of the San Francisco office of Jackson, Lewis, Schnitzler & Krupman, a New York City-based national law firm that specializes in representing management in labor and employment cases.

He cites one in which an employee appropriated company property for her own use. After she was terminated, she sued, alleging sexual harassment "even though she had never mentioned any type of harassment during her employment,"

Lotito says. To date, the company has had to spend about $100,000 in legal fees to defend itself.

Lotito also cites a case in which an employee's claim of sexual harassment was valid and the company fired the offenders, yet the harassed employee sued anyway -- after she left the company for a better-paying job -- and won punitive damages of $1.2 million. The employee's attorney wants the company to pay his legal fees, which he puts at $600,000; that would be in addition to the fees the company has paid its own lawyers, which total around $300,000.

The Expansion of Damages

Trial lawyers gained new financial incentives to pursue employment-law cases against small firms when Congress passed the Civil Rights Restoration Act of 1991. That law expanded the remedies available to victims of employment discrimination under statutes such as Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (ADA), which was enacted in 1990
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bottom line Edward you per your other thread you cost U.S. tax payers in excess of 500 billion a year
 

Chadman

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Wayne, you forgot to put up the page one link on your search that I think is important:

"Girls Gone Wild."

I'll be gone for awhile following that link...:00hour
 

Eddie Haskell

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Like I said Wayne, you cannot stay on topic. You'd rather have your sound bite, pr, headline catching National Enquirer stories, than the reality of what goes on daily in Americas courtrooms. The reality is the average Joe juror buys your garbage and most of the 100,000 victems of medical negligence get screwed. I give kudos to your most corrupt industry which has successfully hoodwinked the American public with its 30 year pr campaign.

Eddie
 

dr. freeze

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Ed. I will say anything for the right price.

pm me if interested. Maybe we can make some big bucks together.
 

The Sponge

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I feel bad for you Eddie. One of the biggest impacts on my life came when i had to go to jury duty. After talking to a few people waiting for the selection process, i realize that it would be a good idea to never put myself in a situation where one of those nuts i talked to had my fate in their hands. My life of crime was over even before it had a chance to begin.
 

kosar

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I feel bad for you Eddie. One of the biggest impacts on my life came when i had to go to jury duty. After talking to a few people waiting for the selection process, i realize that it would be a good idea to never put myself in a situation where one of those nuts i talked to had my fate in their hands.

:mj07:

Irony at its finest.
 

The Sponge

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Kosar you would be classified as one of those nuts. I finally heard what Barack said and once again the spin machines did what they always do to you. Make you look silly. Did you know we already have laws on the books for what he said? I doubt it. What he said and what the NYpost and Fix news tried to spin for you are two different stories.
 

DOGS THAT BARK

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I see you boys are after Mc D again Edward--don't blame when juries awards millions to one of your "its not my fault" folks who can't figure if they put hot coffee in their lap and drive over speed bump--they might just get burned.

--the new note he ate in dark room was moments from death and total medical bill was $700 :142smilie

Friday August 10, 2007
Man says hold the cheese, claims McDonald's didn't, sues for $10 million
by Justin D. Anderson
Daily Mail Staff

The man says he bit into a hamburger and had a severe allergic reaction to the cheese melted on it.

Jeromy Jackson, who is in his early 20s, says he clearly ordered two Quarter Pounders without cheese at the McDonald's restaurant in Star City before heading to Clarksburg.

His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.

The lawsuit alleges Jeromy "was only moments from death" or serious injury by the time he reached the hospital.
"We're interested in seeing McDonald's take responsibility and change a systemic quality control problem that endangers the lives of up to 12 million Americans with allergies," said Timothy Houston, the Morgantown lawyer representing the plaintiffs.

Houston said his clients were in Morgantown in October 2005 and stopped at the Star City McDonald's on the way home to Clarksburg. Jeromy Jackson was living with his mother at the time.

Jeromy did his part to make it known he didn't want cheese on the hamburgers because he is allergic, Houston said.

He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn't eat cheese, Houston said.

"By my count, he took at least five independent steps to make sure that thing had no cheese on it," Houston said. "And it did and almost cost him his life."

After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said.

Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.

At least two managers at the McDonald's called the Jacksons afterward to apologize for what happened, Houston said.

McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs.
The plaintiffs weren't interested, and McDonald's wasn't offering anything more than medical costs.

The Jacksons and Ellifritz filed the lawsuit on July 18 in Monongalia Circuit Court.

Houston didn't know if McDonald's had yet been served with the complaint.

The lawsuit seeks damages on two counts of negligence, one count of intentional infliction of emotional distress and one count of punitive damages.
 

escarzamd

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Eddie i know a guy who is pretty high up in a pretty well known hospitol and these doctors code of silence might be even tougher to beat then a cops. Juries just love to believe cops no matter what is the case. These guys just stick together no matter what the truth is. Tough nut to crack.


""""""Sponge:

As one who sees this stuff everyday, the code of silence is very real. I have to go well outside of Cincinnati to find a doc to evaluate a plaintiffs case. If a local doc dares to testify against another local doc his malpractice carrier will find a reason to drop him. Great country we live in huh.

Yeah, Wayne, this is a law student article based on research. I'd say pretty unbiased. He might go on to work for a insurance defense firm. Besides that, the article is very true. 80 to 90% of malpractice jury verdicts are in favor of defendant doctors and hospitals.

Eddie"""""


:com: :scared

Wow.....impressive intellectual discussion here. I would expound on just how silly these two posts are, but omerta prohibits this. I will just slither back into the safety of our circled wagons and plot my next devious plan to screw over a patient.

Head back to my responses earlier this year if you want my thoughts....

If you want to be conspiracy theorists, stick to the Rove thread, or head back to the 9/11 schpiel.
 

The Sponge

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Impressive intellectual additional thought doctor. Any problem with the truth of it, quack?

Eddie

I never heard of this guy before but if he is a doctor and thinks i made up that post i wouldn't want this clown anywhere near me. Maybe he is one of those Docs that benefits from that code of silence.
 

Eddie Haskell

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You can tell alot from his screen name spongey. Typical arrogant md. Probably insists on everyone calling him "Doctor" (even wife in bed).

Well Maestro, never said malpractice was intentional. But you have to admit its a nice job where you are no longer accountable to anyone for your mistakes. Interesting how you bring up "circle the wagons". Been there before?

Dr. Edward Haskell, JD
 
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