$1.34 Million Verdict Upheld On Appeal
Thursday, March 3, 2011 at 4:26PM On February 15, 2011, the Maryland Court of Special Appeals (COSA) upheld the $1.34 million wrongful
death verdict handed down by the Circuit Court for Prince Georges County in September, 2009 in the
matter of the Estate of John William Lucas, et al v Dr. Said Daee. Oral arguments were heard by the COSA
on January 12, 2011. In an unreported opinion, COSA held that the Defendant waived his right to raise
any of the arguments regarding the basis of any of the expert standard of care testimony by failing to
object during said testimony. Furthermore, the court held that even had the Defendant objected, he still
would have failed due to the fact that the Plaintiff presented the jury with expert testimony which satisfied
their burden in a medical malpractice case in the state of Maryland. In addition, the secondary issue raised
by the Defendant as it pertained to whether or not the jury was prejudiced by several general comments
made by panelists during the voire dire process was also ruled upon in favor of the Plaintiffs. Therefore, the
$1.34 million verdict will stand and the Defendant has been ordered to pay the judgment, plus interest and
costs. The $1.34 million verdict will be modestly reduced due to the cap on non-economic damages in the
state of Maryland. Both parties agreed to this reduction prior to the appeal. Plaintiffs' were represented at
trial by Annie Hirsch of the Law Offices of Annie B. Hirsch, and Paul Vettori of Kenny and Vettori. Oral
arguments were made by Annie Hirsch on behalf of the Plaintiffs and Karen Turner on behalf of the
Defendant.


Reader Comments