John Adams Courthouse, home of the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. Photo: Swampyank via WikipediaHigh-Low Settlement Agreement 'Does Not Alone Establish Bias:' State High Court Affirms $20M Med Mal Verdict
"In the instant case, it appears Hanlon sought to cross-examine Loucraft regarding the high-low agreement, claiming it biased him and caused him to change his testimony. How his testimony changed, or why it would change based on a high-low agreement, is, however, not in any way evident based on the trial court record," Justice Scott L. Kafker said.
January 06, 2025 at 07:21 PM
5 minute read
Affirming a $20 million jury verdict in a medical malpractice suit, the Massachusetts Supreme Judicial Court concluded a trial judge didn't abuse his discretion in not allowing the cross-examination of a co-defendant's high-low settlement agreement.
In a Jan. 3 opinion, authored by Justice Scott L. Kafker, the high court unanimously affirmed the $20 million verdict against registered nurse Susan Hanlon and others who allegedly discharged the plaintiff, Steven Luppold, from the Lowell General Hospital despite persistent symptoms that his foot was painful, cold, and turning blue. Luppold, 35, later had to have his leg amputated from above the knee, leading him to file suit against the medical providers.
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