397 Thinking how John Edwards became a rich man

I’ve paid more attention to legal matters since I served on a jury two years ago. On the one hand, I was filled with pride to be part of such an amazing system with a long history, one which many in the world will never enjoy. On the other, I was appalled by the ignorance and malleability of some of my fellow citizen jurors. I’m not sure the wet noodles were balanced by the bullies, nor did we bond the way some juries did, who continue to meet for lunch and friendship according to the bulletin board in the jury selection room. With John Edwards in the spotlight and his specialty being suing doctors for malpractice, we’ll be hearing more about lawyers contributing to the drying up of medical services in many areas, and the rising cost of medical care.

Some awards do seem really strange. In the latest Columbus Bar Briefs (Summer 2004), both some small awards ($0.00) and large ($25,700,00) seem a bit odd. In one case a 20 year old woman was mistakenly given a blood transfusion for cosmetic surgery, to which she didn't need and had not signed a consent form other than what she had deposited. The blood donor was HIV positive. Becoming infected with HIV the old fashioned way is relatively difficult for women unless they are having oral or anal sex--but through a blood transfusion the virus is 100% effective in transmission. The jury awarded $4,000,000 for present damages and $8,000,000 for future damages, but then reduced it to $8,150,000 when it was determined that future medical care would be $150,000 not $4,000,000.

A man who was told to have elective surgery after a diagnosis of diverticulitis, ended up with a second surgery to repair a leak at the site of anastomosis, prolonged wound healing, development of multiple hernias and hernia surgery. He was suing for $1,200,000 for medical bills, future medical expenses, and economic losses. Considering the discomfort, pain and costs, I thought this was pretty low, but he got nothing after a 7 day trial.

Compare those medical malpractice suits with another case reported in the same issue; a 55 year old man relocated by his company sued for age discrimination and was awarded $25,000,000 in damages and $700,000 for emotional distress. Am I crazy to think that a woman who has to live in fear of a chronic and/or terminal disease should have a higher award than a man who is upset that he can’t earn $100,000 a year in Indiana instead of Ohio? Or that a man with an abdominal wound that doesn’t heal from surgery he probably didn’t need should have more than the guy who had to move to Gary, Indiana to keep his job?

Yes, a good lawyer is very important. Even in small potatoes cases, she/he gets 30%. So the awards aren’t as big as they look, for the plaintiff. (Although 30% of nothing is zero.) But there appear to be a few other kinks in the thread. With Edwards’ record, we’re sure to be learning more about how medical malpractice serves the profession. More than we ever wanted to know.