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Thursday
Mar032011

$1.34 Million Verdict Upheld On Appeal

    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.

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