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Persuasive Medical Causation |
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A common problem facing attorneys defending medical malpractice suits is the juror’s lack of technical expertise. Whereas the jurors can relate to the plaintiff’s story based on their own experiences, the defense’s case is often based on complicated issues requiring an understanding of technical, medical, or pharmaceutical concepts. Juror understand an emotional presentation of the pain and suffering of the plaintiff. Asking them to grasp the underlying medical causes of an incident is a more difficult task.
Another advantage the plaintiff has in these cases is the sympathy of the jury toward the “injured party”. The jurors often view the hospital, pharmaceutical, or insurance defendant as an impersonal organization. Jurors leaning towards the plaintiff, and away from what they perceive as “impersonal” defendants, is common at the beginning of many trials. Identification of “high risk” jurors is essential to seating a jury that will take the time to understand complex medical causation defenses.
This is where the experience and technical skills of the Jurinex team becomes an invaluable asset for the defense counsel. Our consultants have a background of thousands of hours assisting counsel in presenting persuasive medical malpractice, hospital, and pharmaceutical defense themes. The Jurinex database, created from hundreds of cases, serves as the foundation for recommendations that acknowledge the opportunities and pitfalls involved with certain types of medical causation arguments.
Each juror must construct their own story (perception) of the case. The difficulty often facing the defense is the determination of how best to give the jurors a technical understanding of the alternative medical causation for the plaintiff’s injuries. This must be done within the time constraints of the trial and in a manner that will not alienate or bore the jurors. The intellectual and educational limitations of some jurors must also be managed. Giving each individual juror the information they require to relate the facts of the case, to their own life experiences, allows them to construct a personal story that depicts the reality of the case. Once they understand and accept the concepts of the defense argument they can integrate those facts into their personal story which they will carry into their deliberations.
Jurinex specializes in providing the full spectrum of support required to develop an effective trial presentation. Early participation of our consultants in the case allows effective support in the development of the trial strategy, witness preparation, graphic and animated exhibit development, focus group and mock trial research, community attitude assessment, jury selection, 24 – 7 war room support during the trial, court room video-graphic and data management, daily analysis of court room activities, rapid exhibit modification capability, and post trial juror interviews.
The downstream costs of losing a med-mal, pharmaceutical or hospital defense are often much greater than just the dollar award of an individual case. The multiple effects of “me too” suits, precedent setting, or giving the perception of being a weak target can significantly drive up down the line expenses for the client. Integrating the Jurinex team into the defense strategy at all stages of the case is the most productive and cost effective support a client can provide for their counsel.
The following are examples of two successful defense verdicts achieved with the support of the Jurinex team:
Pharmaceutical: An man passed away and the family participated in a mass tort, class action lawsuit claiming the pharmaceutical company developed a drug caused muscle weakness, kidney failure, and death. The jury found the kidney failure was the result of other factors and did not cause his death.
Birth trauma defense: The plaintiffs sued the doctor and the hospital claiming the doctor’s overly aggressive use of the Cytotek during labor had caused excessive and prolonged contractions leading to excessive head molding and brain damage. The Jurinex team worked with defense counsel to create an integrated jury selection and education strategy. The defense convinced the jury that the brain damage pre-existed admission to the hospital. Exhibits created by Jurinex along with simple explanations of the defense’s pediatric neuroradiological evidence and medical research into Cytotek were instrumental to defense victory. Jurinex has is arguably the most experienced trial consulting firm in the country regarding birth trauma defense.
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