The da Vinci lawsuits involve both medical malpractice and product liability claims. Some of these are wrongful death cases, some of these claims are very minor, and there are a lot of cases in between.
The Insurance Journal reports on a malpractice case in Oregon where the plaintiff received a $100,000 award from an Oregon gynecologist who she alleges improperly removed a healthy ovary.
A jury verdict of $100,000? Huh? They took her ovary and they found negligence. The plaintiff asked for over a million. So, what gives?
I don’t know. We just don’t know enough about the case. Was the plaintiff a 50 year-old with no further intention of having a child? Was she unsympathetic for some other reason? We just don’t know enough.
This was a Oregon case. We have a malpractice case there set for trial in early 2014. The parties are permitted to do so little discovery there that I wonder if this case did not settle because there was not a clear understand of the damages or the merits of the case.
So, I think $100,000 verdict is a huge loss for plaintiff. It would be in Maryland. But it is so cheap to work up a case with discovery in Oregon, so maybe it is not nearly as big of a loss.
One thing is for sure, most of these robotic surgery cases – both the malpractice claims and product liability cases – are worth a lot more than $100,000.
Wait, I screwed up. Now I see why the case settled for a lot less. The doctor had already performed a sterilization procedure on the Plaintiff. I didn’t read that part until just now. I was going to go back and fix the post but I thought I would give you the stream of consciousness blog post here. Because we don’t have enough of that on the Internet, right?
So, to be honest, our firm probably would not have taken this case because the cost of working it up probably gets too dangerously close to the value of the case. If you have a 40% contingency fee and you have to spend a lot of money on experts, there really is not enough money left over to make the case work for the Plaintiff. I don’t want to be handling cases where we can win and the client will not walk away happy.
Anyway, if you are reading this and have a da Vinci case, our law firm is handling these cases. We just settled a malpractice case against a hospital without filing suit and we are also getting product liability claims around the entire country. If you want to talk to me about one of these cases, give me a call. My contact number is above and you can also send me your information via an on-line contact form.