Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Tag Archives: medical malpractice

November Miss. Jury Verdict Reporter Preview

Posted in Verdicts in Mississippi
Here is a preview of the November 2017 issue of the Miss. Jury Verdict Reporter: $218,000 verdict- Oxford federal court denial of faculty tenure case covered here (10/27/17); $55,000 verdict- Lowndes County underinsured motorist case (9/1/17); $8,090 verdict- Lamar County County Court underinsured motorist case (11/10/17); $3,437 verdict- Madison County County Court car wreck case… Continue Reading

Defense Verdict in Hinds County Tort Claims Act Medical Malpractice Trial

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Friday Hinds County Senior Judge Tomie Green rendered a defense verdict in Nickerson v. Univ. of Miss. Medical Center. Here is the Court’s Memorandum Opinion and Order. The decision was from a 2016 trial of a medical malpractice case against UMMC that Plaintiff filed in 2004. The case involved the 2003 death of a… Continue Reading

$1.1 Million Jury Verdict- Coahoma County Medical Malpractice Trial

Posted in Verdicts in Mississippi
On Thursday a Coahoma County jury returned a Plaintiff’s verdict of $1,128,000 against emergency room physicians Dr. Tommy Hughes and Dr. Jonathan Massey. Plaintiff alleged that the defendants negligently failed to diagnose bacterial meningitis, resulting in the death of plaintiff’s decedent. Andrew Neely and Eric Stracener of Jackson represented the plaintiff. Gordon James and Margaret… Continue Reading

$271,000 Jury Verdict in Leflore County Medical Malpractice Trial

Posted in Verdicts in Mississippi
On December 17, 2016 a Leflore County jury returned a plaintiff verdict for $271,000 in Johnson v. Kronfol. The verdict included $46,000 in economic damages and $225,000 in non-economic damages. Here is the Final Judgment and Jury Verdict. Here is plaintiff’s Johnson Second Amended Complaint. Plaintiff alleged that she contracted sepsis as a result of… Continue Reading

November Miss. Jury Verdict Reporter Preview

Posted in Verdicts in Mississippi
Here is a preview of the November 2016 issue of the Miss. Jury Verdict Reporter: $8.5 million verdict/ 40% fault to defendant- Gulfport federal court crane accident case covered here (10/20/16); $261,621 verdict/ 80% fault to defendant- Clay County truck negligence case (10/6/16); $20,000 verdict / 30% fault to defendant- Pearl River County car wreck… Continue Reading

Court of Appeals Doesn’t Decide Caps

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
The Mississippi Court of Appeals decided the much ballyhooed caps case on Tuesday. Here is the Court’s decision in Emergency Medicine Associates of Jackson v. Glover. As predicted, the Court never got to the issue of whether Mississippi’s caps on non-economic damages are constitutional. This was a Hinds County medical malpractice case where the jury… Continue Reading

Miss. Supreme Court Affirms $484,141.98 Jury Verdict in Medical Malpractice Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court affirmed a jury verdict of $484.141.98 in Robinson v. Corr. Facts: This was a medical malpractice case. In 1998, Regina Corr gave birth at Gulfport Memorial Hospital. Her OB/GYN (Dr. Charles Robinson) delivered by C-section. During the procedure, Regina’s uterus was lacerated, requiring repair. A urology consult the… Continue Reading

Defense Verdict in Hinds County Nursing Home/ Med Mal Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Friday a Hinds County jury rendered a defense verdict in a case against Lakeland Nursing and Rehabilitation Center and Dr. David Flemming. Here is the jury’s verdict. I watched the trial for several hours Friday morning while the nursing home was putting on its case. The case involved a 79-year-old woman who died two… Continue Reading

June Miss. Jury Verdict Reporter Preview

Posted in Verdicts in Mississippi
Here is a preview of the verdicts detailed in the June issue of the Mississippi Jury Verdict Reporter: $3,100,103 verdict (reduced to $1,098,603 due to amount already paid)- Madison County eminent domain case (4/30/15); $72,521 verdict- Jackson federal court insurance contract dispute (6/4/15); defense verdict- Jackson federal court antitrust case covered here (5/21/15); defense verdict- DeSoto… Continue Reading

$1,903,961 Bench Verdict in Federal Tort Claims Act Trial

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Monday U.S. District Judge Carlton Reeves entered a judgment of $1,903,961 in Chickaway v. U.S. The case involved allegations of medical malpractice against Choctaw Health Center, a tribally operated facility that is deemed part of the U.S. Dept. of Health and Human Services. The case involved the death of a twelve year old boy from… Continue Reading

Judge Carlton Reeves Upholds Mississippi’s Medical Malpractice Non-economic Damages Caps in Federal Tort Claims Act Case

Posted in Tort Reform, U.S. District Courts in Mississippi
Randy Wallace posted on Friday about U.S. District Judge Carlton Reeves’ opinion regarding Mississippi’s cap of $500,000 on non-economic damages in medical malpractice cases. Wallace’s post quotes part of the opinion: All grief is not equal. All pain cannot be reduced to a one-size-fits-all sum. One cannot imagine what it is like to know that the… Continue Reading

Hinds County Medical Malpractice Trial Ends With Jury Instruction Screw Up for the Ages

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Friday afternoon a Hinds County medical malpractice trial took one of the weirdest turns imaginable. First, the the non-weird part. Dr. Paul Bracey treated Patrina Reynolds at the St. D emergency room in 2007.   Dr. Bracey ordered an antibiotic and sent Ms. Reynolds home. Ms. Reynolds ended up getting very sick and going… Continue Reading

Miss. Supreme Court’s Reversal of $1 Million Jury Verdict in Medical Malpractice Case is Example of Why State Court Judges Need to Alter System for Formulating Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
As discussed at TBA last week, on Thursday the Mississippi Supreme Court reversed and remanded a 2011 jury verdict of $1 million in a Hinds County case. Plaintiff alleged medical malpractice against Dr. Charles Laney. Here is the Court’s opinion in Laney v. Vance. The facts of the case were not important for purposes of the Court’s opinion.… Continue Reading

$3.5 Million Hinds County Medical Malpractice Verdict with 75% Fault Apportioned to Defendant Doctor

Posted in Hinds County Circuit Court, Verdicts in Mississippi
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… Continue Reading

Miss. Court of Appeals Affirms $390,000 Medical Malpractice Bench Trial Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals affirmed a $390,000 Washington County bench trial verdict in Delta Regional Medical Center v. Taylor. Here is the Court’s opinion. The plaintiff in the case alleged that the Delta Regional E.R. physician failed to diagnose a stroke. As a result of the failure to diagnose and treat,… Continue Reading

Defense Verdict in Hinds County Medical Malpractice Trial

Posted in Hinds County Circuit Court, Verdicts in Mississippi
Last week a Hinds County jury returned a defense verdict in Malouf v. Fredericks. The case involved medical malpractice allegations against two Jackson physicians. Mike Malouf, Sr. of Jackson represented the plaintiff. Carl Hagwood and Diane Pradat Pumphrey of Wilkins Tipton in Jackson represented one of the physician doctors and Whit Johnson of Currie Johnson in Jackson… Continue Reading

Re-trial of Juror Misconduct Case Results in Another Defense Verdict

Posted in Verdicts in Mississippi
Last year I wrote in this post about the Mississippi Supreme Court’s decision in Merchant v. Forest Family Practice. This was the Scott County medical malpractice case where the Mississippi Supreme Court reversed a defense verdict due to juror misconduct. After the first trial, a juror signed an affidavit that stated that another juror said during deliberations: that he had been… Continue Reading