The largest medical malpractice verdict in the history of Hamilton County Tennessee is on appeal as a result of an alleged improper Allen Charge by the trial judge. The defendant doctor had been sued for 12 million dollars and was ordered at trial to pay $6.1 million dollars to the plaintiff, who allegedly lay in a coma for 3 months following a procedure.
The Chattanooga Times Free Press notes
At the time of the jury’s decision in April, its members had deliberated two days and seemed bound for deadlock, the affidavits state.
But when the jury informed the court that it was deadlocked, Judge Bolton gave new instructions, known as the “Allen charge,” in which jurors were told that the trial had been “expensive in time, effort, money and emotional strain,” according to court documents filed by Mr. Harrison.
“If a substantial majority of your number are in favor of finding a verdict, those of you who disagree should reconsider whether or not your doubt is a reasonable one, since it appears to make no effective impression upon the minds of the others,” Judge Bolton told jurors, according to the documents.
The four jurors in their sworn affidavits characterized the new instructions as “contradictory” to prior instructions, which stated each juror had to decide the case for himself.
“When I heard the additional instruction again, I felt the court was instructing me to abandon my opinions and agree with the majority so that the case could be resolved by this jury and not have to be retried,” one juror stated.
This verdict shows a constant effort on the part of the medical industry to fight against their patients until the last nail is in the coffin. What will it take before society sees that this type of lawsuit is not a personal attack against the doctor – it is an effort for the injured person (or in some cases their family) to recover monetary damages to make them whole – to provide money for their medical care, their pain, their lost wages, their future care and pain, and more.
Until society begins taking a concerted effort to hold doctors accountable, appeals are going to continue.
If you believe you have been injured as a result of medical malpractice, fill out this form for more information:
–
Ed Wallis and other attorneys in his firm handle medical malpractie cases on behalf of injured persons and their families. If you or someone you love has been injured as a result of medical malpractice, doctor malpractice, pharmacy malpractice, nurse malpractice, you can contact him at (901) 527-2125. If your loved one died as a result of the actions of a doctor or other health care provider, please call Ed Wallis today at (901) 527-2125. You can also visit Mid South Trial Lawyer for more information, or click HERE for more information.
Ed Wallis and attorneys in his firm help injured persons receive justice in Memphis, Tennessee, across West Tennessee, Jackson, Tennessee, Dyersburg, Tennessee, Nashville, Tennessee, Knoxville, Tennessee, Chattanooga, Tennessee, and across the state of Tennessee. If you live around the Mid South, including West Memphis, Arkansas, Southaven, Mississippi, Olive Branch, Mississippi, Horn Lake, Mississippi, Hernando, Mississippi or anywhere in or around Memphis, Tennessee, he can be of help to discuss medical malpractice lawsuits and your medical malpractice injuries.
