$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

An article in the The National Law Journal and Law.com details key court opinion involving mid-trial jury deliberations. In the article by Sheri Qualters, the Massachusetts high court let stand a $6 million jury judgment in a personal injury case. As reported on Law.com:

"The Supreme Judicial Court of Massachusetts' July 16 unanimous ruling in Kelly v. Foxboro Realty Associates LLC, heard by six of the court's seven justices, said that the trial judge committed an error by allowing jurors to talk about evidence by themselves during a trial despite one side's objection. But the opinion, authored by Associate Justice Robert J. Cordy, also upheld the judgment and said the judge's decision to allow the juror discussions didn't harm the defendant's case."

To read the entire article, click on: Mid-Trial Jury Discussions. The article is free, but may require registration.

$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

By Sheri Qualters
The National Law Journal
July 21, 2009

Here is a pointer to an important decision by the Massachusetts Supreme Judicial Court regarding jury predeliberation discussions as found on Law.com ...

The Supreme Judicial Court of Massachusetts' July 16 unanimous ruling in Kelly v. Foxboro Realty Associates LLC, heard by six of the court's seven justices, said that the trial judge committed an error by allowing jurors to talk about evidence by themselves during a trial despite one side's objection. But the opinion, authored by Associate Justice Robert J. Cordy, also upheld the judgment and said the judge's decision to allow the juror discussions didn't harm the defendant's case.

Read the full article here...

Jury Verdict is $13.5M for Family of Dana-Farber Cancer Patient Undergoing Experimental Chemotherapy

OK, more on the $13.5M medical malpractice lawsuit involving a women who died of a "massive flesh-eating bacteria infection" while undergoing experimental chemotherapy treatment at Dana-Farber hospital in Boston, MA. (I used the handy Share This tool which allows me to quickly post it to this site, but doesn't allow adding more info.)

The original news story on the wrongful death jury award is here in this Boston Globe article.
Plaintiff attorney for the family of the woman was Robert Higgins, from medical malpractice powerhouse Lubin & Meyer. The woman was receiving chemotherapy every two weeks instead of the standard regimen of once every three weeks for Ewing's sarcoma. Said Higgins in a report in the Boston Herald, "her death could have been prevented if doctors had investigated the cause of chronic diarrhea that surfaced during treatment for a tumor behind her knee."

Earlier this year, Higgins was the attorney in another jury award for $14.5M related to a woman who died from a medical error after surgery for thyroid surgery at Brockton Hospital.

Here are some more links to coverage of the verdict including the Dana-Farber response:
Dana-Farber chief reacts to $13.5m award in patients' death
Family of Dana-Farber cancer patient gets $13.5M - Boston Herald