Mark A. McLeod v. Mt. Sinai Medical Center briefing

We’ve previously reported on this case and the underlying Hollins v. Jordan $30 million trial verdict (in 2004 on Nov. 20, Oct. 11, and Aug. 31) blaming an obstetrician and hospital for microcephaly in a four-pound, five-ounce birth. The case is scheduled to be heard by the Ohio Supreme Court May 23, and the more recent briefing is on line; the Dr. Jordan merits brief is especially interesting. Of note, and not previously mentioned:

  • Plaintiffs attorney Geoffrey Fieger has already twice asked the entire Ohio Supreme Court to recuse itself.
  • Plaintiffs are seeking $50 million in prejudgment interest.
  • The claim that the caesarean was delayed is entirely bogus; plaintiffs’ experts deliberately confused the “emergency” (i.e., non-scheduled) caesarean with a “crash” caesarean.
  • Plaintiffs sandbagged the damages claim by claiming before trial they would only seek $4 million, and then changing the estimates on the stand by making hypothetical assumptions not supported by any expert evidence.
  • Fieger’s opening argument regularly made references to evidence excluded in limine.
  • Fieger had an anesthesiologist opine on neurological matters.
  • Fieger’s prejudicial conduct at trial, including race-, religion-, and class-baiting, has to be read to be believed. How there wasn’t a mistrial or a revocation of pro hac vice status is jaw-dropping.
  • Counsel of record for two of the co-defendants is Drug and Device Law co-blogger Mark Herrmann.

Again, the lengthy dissent in the appellate court is worth reading.

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