On Friday a Hinds County jury rendered a $3.5 million verdict in Glover v. MBMC et al.
Plaintiff was a 15 year old treated at the emergency room for a rash. The ER doctor prescribed medication that caused second degree chemical burns all over the boy’s body. Plaintiff is permanently scarred.
The medication is supposed to be applied only by a doctor. The pharmacy settled before trial.
At trial, the doctor admitted that be breached the standard of care by failing to inform plaintiff and his mother about the dangers of the medication and how to safely apply it.
The doctor pointed the finger at the pharmacy.
Naturally. Doctors never own it. Even when they have to admit liability, they often point the finger at someone else. Typically, the person has less education and training than the doctor.
The defense also contested that the plaintiff suffered scarring.
The jury awarded $1.5 million in economic damages and $2.0 million in non-economic damages.
The jury apportioned 75% fault to the defendant doctor.
What does the plaintiff get to recover in this situation? 75% of the $1.5 million in economic damages plus $500,000 of the non-economic due to the non-economic cap? Assuming its enforced?
Rocky Wilkins of Jackson, Ben Wilson and Barry Howard represented the plaintiff.
Walter Johnson and Joe Baladi of Watkins & Eager in Jackson represented the defendant.
Judge Winston Kidd presided in the case.