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State Court Overturns Largest Malpractice Verdict Ever

The New Jersey state Supreme Court overturned that state’s largest medical malpractice verdict ever, a jury award of $70 million. The reason the case was overturned was because the jury was exposed to medical professionals and the defendant hospital during the jury selection process.

In a 6-0 decision, Justice Helen Hoens wrote for the court, “In light of the relentless and unchecked litany of complaints throughout the selection process, the attorneys had no way of knowing which of the potential jurors who had expressed no bias might later find it impossible to put aside what they had heard from those who had been excused,”

The case involved a 4 month old child who was deprived of oxygen to his brain during surgery to remove a tumor at the base of his spine. The little boy now is catastrophically brain injured and has profound neurological impairment. A new trial is expected.