On Wednesday, November 14, 2018, after nearly three weeks of trial, a jury returned a unanimous defense verdict in favor of a Lincoln Derr client.
By winning in the first phase of this bifurcated trial Lincoln Derr saved their clients from a potential 10 million dollar exposure. The case involved an alleged hypoxic-ischemic injury to a newborn during labor and delivery. Traditionally, these cases are considered exceptionally difficult to defend because of the emotional response jurors have to injured newborn children. Further, the case was tried in Durham County, a venue previously considered to be very plaintiff-friendly.
When asked about the verdict Gwendolyn Lewis said, “This was my first medical malpractice trial involving an injury to a newborn infant. While the injury to the child was sad, the jury verdict confirmed that physicians can do everything within the standard of care and still have a bad outcome. This verdict goes to the heart of why we do this work, to protect the good names of physicians who are doing their best for their patients.”
This verdict is the fifth defense verdict in medical malpractice trials for Lincoln Derr in 2018. The firm’s medical malpractice group credits their success to unparalleled preparation and ability to disentangle the complex facts of the case to the jury.