UPDATE 9/28: Here is the Special Verdict returned by the jury.
This evening the jury returned a verdict of $5,000,000 in the salt lake medical malpractice wrongful death trial of Jenafer Birt Meeks v. Dr. Daniel Cottam et al., #180902456, Third Judicial District for Salt Lake County (Judge Matthew Bates). (See my post for September 12th for more case information.)
The award was 1M for the survival claim of the Estate of Lillian Birt, and 2M for each of the two adult children.
The allocation was Dr. Cottam: 0%; Dr. Richards: 30%; Dr. Peng: 70%
This breaks down to 1.5M on Dr. Richards and 3.5M on Dr. Peng. However, I believe that the survival claim award of 1M is subject to the medical malpractice cap of $450,000, meaning plaintiffs will lose $550,000.
That means a net verdict of $4,450,000. Dr. Richards’ portion will be $1,335,000, and Dr. Peng’s will be $3,115,000, if my math is correct.
With Dr. Cottam found not to have violated the standard of care, this means the jury rejected all claims of fault regarding the initial surgery and focused instead on the withdrawal of care.
I also understand that this was a “no offer” case.
Counsel for plaintiffs: Ashton Hyde and John Macfarlane of Younker Hyde Macfarlane.
Note- I don’t name counsel for the losing side in my verdict reports. It smacks of kicking someone when they’re down. Anyone who tries cases is going to lose some, and I see no need to rub it in.
