Lawyer Turns down $8M Malpractice Settlement, Loses, and Comes Back to Win $130M

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In a court battle that’s been spanning years, a lawyer paralleled the drama of the Paul Newman film, “The Verdict.” In 2009 he convinced a family to reject an $8 million settlement for a medical-malpractice suit, only to lose the case. He then ended up taking the case to court again, hanging the jury. This month, he finally took the trial to court again, and has won a verdict of $130 million for his client. Indeed, the reversal of fortunes has all the earmarks of the drama, and the family is glad their dogged persistence has paid off.

The suit specifically pertained to their now ten-year-old daughter who was deprived of oxygen as a baby and that has rendered her with cerebral palsy: she can’t talk or speak, and needs constant care.

  

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“The saddest part of this case is that despite the litany of errors, this baby could have been rescued,” said the lawyer, Thomas Moore, as reported by the New York Post. “Had the nursing team communicated with the obstetrician just 15 minutes sooner – and delivered the baby – this terrible tragedy could have been avoided.”

Such sentimental rhetoric finally did the job, but before he was the hero, Moore was the failure mocked by a hospital lawyer in the press: “I’m not aware of another attorney who’s turned down an $8 million offer and got shut out,” said Peter Kopff to the Post in 2009.

Kopff also predicts that the judge will reduce this award. “We have some issues with how Moore conducted the trial. We have certain rules of professional conduct and they were violated,” and he pointed out that Moore called one of his expert witnesses a liar in court.

Nevertheless, for the time being, the parents are thrilled. The mother, Danni, told of her excitement to Moore. “She said, ‘The agony of the last 10 years is finally ended with the knowledge that our beloved daughter will be protected for the rest of her life.’”