$ 1 Million Verdict in Hinds County Kidney Dialysis Catheter Infection Case
There are reports of a $1 million verdict last week in Hinds County Circuit Court in a trial before Judge Winston Kidd. The facts of the case were that an elderly woman on kidney dialysis died as a result of a contaminated catheter left in place by a nephrologist. The woman developed sepsis and died as a result.
According to my report, during closing argument the defense argued that even if they were negligent the damages were $0. The defense's argument on this point was that the decedent received income of $489 per month in social security benefits. After the subtraction of rent, food, medication and other expenses the decedent was left with no money at the end of the month. Therefore, the defense argued that the decedent's damages were $0.
Incidentally, if that argument is true then there are a lot of lawyers in Jackson living paycheck to paycheck whose lives aren't worth anything either.
Plaintiff's counsel was the cagey veteran trial lawyer Isaac Byrd of North (not to be confused with South or Mid) North Congress Street in Jackson. In response to the defense's damages argument, Byrd argued that it was insulting to the family that people pay $1 million for race horses and paintings, but the defendants thought this family's mother was worth nothing. If I am not mistaken, famed trial lawyer Moe Levine was using this argument at least 50 years ago. The defense's closing gave Byrd the opportunity to use the argument to maximum effect and he took advantage of it.
Defense counsel was Diane Pradat of the Wilkins Tipton firm in Jackson.
I will report more on this verdict if I obtain more information.
While the MSJVR is still new, I've done this in KY since 1997. A similar argument that historically works well for plaintiffs in KY regards racehorses. Are you telling me this yearling is worth $11,000,000? Or whatever. And that this poor woman, God's greatest creation, is worth nothing? The argument has appeal.
Yah, for the defense, I would not argue that *anyone*'s death was worth nothing. I really hope that Philip's informant is mistaken.
Tho as a sad fact, society *does* value some racehorses more than it does an elderly dialysis patient ... or many schoolteachers ... or, goodness knows, some lawyers.
Dianne is a very capable defense lawyer, but I am never surprised when I see Isaac win a substantial verdict. He talks to juries in a way they understand and it isn't unusual to hear an "amen" or two when he is doing closing.
One can only hope that the defense argument on damages was not correctly reported. No need to throw Isaac a softball. Decedent's age is not stated but if you acknowledged half the SS for 20 years ($250/mo. x 12 = $3,000 x 20)you'd only be talking $60K, and you'd have some credibility with the jury.