Civil Litigation,
Health Care & Hospital Law,
Administrative/Regulatory
Oct. 22, 2013
Offsetting damages in a nonallocated settlement
A recent case shows that attorneys need not make an effort to apportion medical malpractice settlement awards into economic and noneconomic damages. Doing so is likely an exercise in futility.
Craig A. Roeb
Partner
Chapman, Glucksman, Dean, Roeb & Barger APC
11900 W Olympic Blvd
Los Angeles , CA 90064
Email: croeb@cgdrblaw.com
Loyola Law School; Los Angeles CA
Garrett M. Fahy
Senior Counsel
Gordon Rees Scully Mansukhani
Email: gfahy@enterprisecounsel.com
Garrett handles trademark, copyright, and patent litigation in a variety of commercial sectors and technologies.
A patient undergoes a seemingly routine procedure to address persistent nosebleeds. He wakes up with a dry nose but permanent blindness in one eye. The patient sues the operating physician, the hospital and the manufacturer of the product employed in the surgery.
Before trial, the medical manufacturer and the hospital settle with the patient. Neither settlement agreement apportions the total between economic and noneconomic damages. At trial, the patient prevails. The jury awards...For only $95 a month (the price of 2 article purchases)
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