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It is funny that everyone that commented on this article was not on the jury nor do they know any facts of the case. How much is this man’s legs and arms worth?

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/021709dnmetmrsacase.2189c047.html

And what about this case? Did the jury get this case right?

“On Friday, December 21st a unanimous jury awarded country music star Toby Keith (Covel) and his family $2.8 million for the wrongful death of his father H.K. Covel in a traffic accident March 24, 2001. “

Read more: http://www.injuryboard.com/national-news/celebrity-not-a-factor-in-toby-keith-28-m-award.aspx?googleid=28844#ixzz0ffLgnQJd

 

I wonder why we have the justice system that we have if anyone of us can pass judgment on both of these cases with this limited information.

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Who are these people to make decisions in the lives of our children?

“In interviews in recent days, a top Guidant executive, Dr. Joseph M. Smith, said that the company had not seen a compelling reason to issue an alert to physicians about the defibrillators because the failure rate was very low and replacing the devices might pose greater patient risks.”

http://www.nytimes.com/2005/05/24/business/24heart.html?pagewanted=1

An interesting solution to “loser pays” and preserving access through “losers pay” insurance. Lawyers that are constantly losing cases would be charged a higher insurance premium.


http://www.manhattan-institute.org/html/cjr_11.htm

And this particular error happened eight times previous to this in one year. I wonder if someone would have sued this hospital the first time this happened this would have changed things. How high would the award have had to been to change the process. Thankfully this happened to a high profile person such as Dennis Quaid so that this can get publicity.

California has a $250,000 cap. Was this the reason people did not sue prior to this case? No lawyer would take their case because they would lose money?

Maybe if we just sit by long enough everyone will be prevented from using state tort laws to hold people accountable. Why do we want to hold educators in our public schools accountable but when it comes to our lives well that is a different story. 100,000 people are killed each year by mistakes (frivolous human beings using those pesky frivolous lawsuits to find justice). 100,000 people killed every year and not even a mention on cable news.

So who is watching out for these people, the media, congress, doctors, nurses. Who?