$17.3M: How a Plaintiff's Attorney Switched Tactics to Circumvent a Midtrial Apportionment Ruling
"It really put me in a situation tactically that i didn't necessarily think i would be in in the moment," said plaintiff's counsel Darren Penn. "If you're in an Alston & Bird v. Hatcher situation, think about how that might play out before you get [to trial.]"
February 14, 2024 at 05:42 PM
5 minute read
Medical MalpracticeWhat You Need to Know
- The case had multiple defendants at the time it was filed but, after pending for a decade, only one remained at trial.
- As a result, the parties were divided over whether the jury should be allowed to apportion fault at trial.
- Ultimately, a midtrial decision on the matter called for a last-minute change in tactics for the plaintiffs to ultimately prove their case.
Darren Penn, William Ballard and Hannah Sbaity of the Penn Law Group recently secured a $17.3 million-medical malpractice verdict in the State Court of DeKalb County. Penn said the decadelong case was the oldest in his docket, resulting in a variety of unique challenges concerning the apportionment of fault and how different parties fit in, as all but one defendant settled, the remaining one retired and some experts died.
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