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    Friday, November 01, 2002

    A Case in Point: One of the counter-protesters at the Ohio rally was a Cleveland lawyer who had represented a Cleveland-area family against a Marion obstetrician. I thought that was odd, since Marion is a small town, about a three hour drive from Cleveland, much of it along back country roads. Turns out, the lawyer's client is now sixteen and has since moved to the Cleveland-area, where there are many more malpractice attorneys, and many more who advertise aggressively for clients. The story of the family is here:

    Bank's daughter, Mary, was awarded $900,000 for injuries sustained during childbirth. A Marion jury blamed her doctor, Carol Solie, formerly a physician at Smith Clinic, for using improper force during the 1986 delivery at Marion General Hospital and causing Erbs Palsy, partial paralysis from damage to nerves in the neck.

    Mary's right arm is paralyzed, making everyday tasks like washing her hair and eating difficult, her mother said.

    Of the jury award only $118,000 was for economic damages. Lancione said if Goodman's bill was already in place, the most the 16-year-old could have received was $418,000, minus legal fees.

    Bank, who now lives in Medina, said that is not enough to pay for a lifetime of care for her daughter.

    "(Economic damages) can take care of basic needs, but there's nothing extra for Mary," Bank said. "After fees she would have been left with between $100,000 and $125,000. And there are many special things Mary is going to need."


    Not to sound callous, but the partial paralysis of a limb doesn't leave a person incapacitated. It's hard to believe that she has much trouble eating, either. I'm sure she's capable of feeding herself and preparing her own meals. I know my stroke patients learn to do this, and they have to get used to the loss of a limb's use. That sort of disability is easier to overcome when you've had it since infancy. You just learn to do things with one hand as you go along, you don't have to "relearn" anything. There's no reason to think that a child with the loss of the use of an arm is going to need other people to care for her for the rest of her life. If there were, the economic damages would have been much higher. Notice, too, that even the lawyer says that under the proposed Ohio tort reform bill, the family would have been awarded $418,000, but once he subtracted his fees they would only be left with $125,000 at most. He's taking almost three-quarters of the money! That's outrageous, and it just underscores the need for tort reform.
     

    posted by Sydney on 11/01/2002 07:57:00 AM 0 comments

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