May 11, 2020

A Missouri medical malpractice jury had awarded $12,820,990 to a 57-year-old man in his Missouri medical malpractice lawsuit against two doctors and others for the injuries the man sustained that the jury determined in November 2017 were due to medical negligence in failing to timely diagnose and treat a medical condition resulting in emergency surgery and extensive ongoing medical care.

The judgment entered on March 5, 2018 was for past economic damages in the amount of $1,570,990.51, past noneconomic damages in the amount of $900,000, future noneconomic damages in the amount of $900,000, and future medical damages in the amount of of $9,450,000, which was to be paid in periodic payments. The past damages in the amount of $2,470,990 were to be immediately paid in a lump sum.

Evidence introduced during trial established the man’s life expectancy to be 25.7 years, but he died on October 23, 2019, after which his wife was substituted as the plaintiff in the Missouri medical malpractice case. Because most of the damages awarded in the judgment were for future medical damages that will not be incurred due to the death of the man, a judge on March 23, 2020 issued a judgment after mandate limiting the payment of future medical damages to $900,000.

Hence, the defendants were ordered to immediately pay $1,570,990 for past economic damages to the man’s estate, to pay $900,000 for past noneconomic damages, to pay $900,000 for future noneconomic damages, and the court exercised its discretion to award immediate medical damages: the defendants are required to pay $988,134 to the man’s estate and an additional $133,383 for the second year of his medical damages.

The court also awarded the plaintiff $5,128,396 in attorney fees to be paid immediately under the court of appeals mandate along with immediately paying an additional $86,934 in litigation expenses pursuant to the court of appeals opinion. The Missouri Court of Appeals Eastern District Division Four had upheld the trial court’s judgment in its opinion dated October 1, 2019, and specifically stated, “Here, unlike Williams, the lump sum ordered paid in the judgment was insufficient to cover [the plaintiff’s] attorney’s fees. And because § 538.220.4 creates a presumption that attorney’s fees shall be paid in a lump sum at the time the judgment becomes final, the trial court erred by failing to award a lump sum sufficient to cover the plaintiff’s attorney’s fees.” Source

Pursuant to the original judgment, one of the defendant doctors and another defendant are responsible for 65% of the judgment, and the other defendant doctor and another defendant are responsible for 25% of the judgment. The original judgment was the largest medical malpractice verdict rendered in the Missouri county where the case was tried.


If you or a loved one may have been injured (or worse) as a result of medical negligence in Missouri or in another U.S. state, you should promptly find a Missouri medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

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