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Tag: juror bias

Illinois Supreme Court Discusses Issue Of Juror Bias In Upholding Defense Verdict In Medical Malpractice Case

February 12, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) discussed the issue of juror bias in its decision filed on November 18, 2021 that upheld a defense verdict in an Illinois medical malpractice case. The Underlying Facts Plaintiff Thomas Ittersagen (Ittersagen) brought [...]

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Indiana Supreme Court Orders New Trial For Medical Malpractice Plaintiff Due To Jury Bias

September 17, 2020

The Indiana Supreme Court held in its opinion dated July 9, 2020: “At issue in this case is whether a juror should have been struck for cause based on bias, necessitating a new trial where the juror stated he did not want to serve as a juror, had a favorable impression of doctors, stated repea[...]

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Washington Appellate Court Allows Juror With Connection To Defendant OB To Sit On Birth Injury Jury

April 11, 2020

On March 10, 2020, the Court of Appeals of the State of Washington Division Three (“Washington Appellate Court”) affirmed the trial court’s decision to allow a prospective juror to sit on a Washington medical malpractice jury in a birth injury medical malpractice case alleging that[...]

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Indiana Appellate Court Reverses Medical Malpractice Defense Verdict Because Juror Said He Could Not Award Noneconomic Damages

October 31, 2019

In its opinion dated October 4, 2019, the Court of Appeals of Indiana (“Indiana Appellate Court”) reversed the defense verdict reached by the jury in an Indiana medical malpractice wrongful death lawsuit, stating, “We have little trouble concluding that a stated refusal to particip[...]

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Kentucky Appellate Court Orders New Medical Malpractice Trial Where Judge Failed To Strike Juror For Cause

May 20, 2018

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its decision rendered on May 4, 2018 that the Kentucky medical malpractice plaintiff was entitled to a new trial, stating: “We find that the trial court abused its discretion by not striking Juror 42[...]

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