Excellent Witnesses Can Trump Sympathy

April 6, 2015

Issue:

Plaintiff, a former salesman, claimed that our clients failed to timely diagnose a subdural hematoma, resulting in a permanent lack of bowel and bladder control as well as significant leg weakness. Plaintiff effectively explained his condition in a very sympathetic manner to the jury.  The issue for the defense was how to counter compelling testimony from a very good sincere salesman. 

Our Approach:

Understanding that Plaintiff could effectively explain his condition to the jury, our clients were prepared to be equally effective witnesses in explaining the complex medicine involved in the patient’s care and their attentive care of Plaintiff.  We had also retained expert witnesses with credentials which vastly exceeded the credentials of the expert witnesses retained by Plaintiff, demonstrated by the obvious difference in the quality of the expert witnesses’ testimony.

Result:

The jurors returned a verdict in favor of our clients and remarked following deliberations that notwithstanding Plaintiff’s sympathetic state, they were most impressed by our clients and expert witnesses.  

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