Intramed, Inc v. Minnie Guider-4th District Court of Appeals
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In medical and pharmaceutical malpractice cases, you deserve to be fairly compensated for your losses. An ethical attorney will work with you, secure experts and present your case in court in such a way that ensures timely and fair compensation that makes you whole. However, pretrial actions and statements in court that jeopardize a fair trial for either the plaintiff or the defense could result in favorable judgement being negated.
Minnie Guider filed a pharmaceutical malpractice case against Intramed, Inc., contending that the pharmacy negligently filled her prescription. She was given the wrong drug. After Intramed admitting liability, the case went to trial on damages.
Although Guider recovered a total of $1,948,843.50, $1,425,920 for future medical expenses and $395,000 for future pain and suffering, a new trial was ultimately ordered by the Fourth District Court of Appeals after it determined that the plaintiffs actions before and during the trial’s proceedings denied the defendant a fair trial.
Just before the trial, the plaintiff disclosed an expert on life expectancy and the cost of medical care, allowing the defense only four days before the trial to conduct a deposition and secure a rebuttal expert. During closing arguments, the legal counsel for the plaintiff made statements which shifted the focus of the trial from recovering damages for Ms. Guider to punishing the defendant. The appeals court determined that this argument was meant to appeal to the jury’s emotions and encourage the awarding of larger monetary damages.
The defendant appealed the trial court’s verdict, citing the plaintiff’s procedures that effectively denied a fair trial. The appeals court agreed, reversing the trial court’s final judgement and remanding for a new trial on damages.
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