Targeted Discovery and Use of Damages Caps Leads to Settlement for less than 3% of Plaintiff’s Alleged Medical Malpractice Damages
Lee Weatherly and Johnny Stewart showed how the use of damages caps and strategic discovery of fact and expert witnesses can produce effective results in a catastrophic medical malpractice case. After a limited number of targeted depositions Lee and Johnny attacked Plaintiff’s claimed damages under applicable South Carolina damages caps and well as the causation of these claimed damages. They then, using this discovery information in combination with South Carolina law capping damages in certain cases, drafted Motions for Summary Judgment to significantly limit Plaintiff’s potential recovery in the event of a verdict for the Plaintiff. Lee and Johnny continued to prepare a solid trial defense for their physician. However, due to the damages limitations and the impenetrable defense built, a settlement for less than 3% of Plaintiff’s claimed special damages was eventually reached. This effective discovery and motions practice allowed the case to resolve for an impressively low amount while limiting defense costs, preventing possible excess exposure to individual clients and eliminating all risk for the insurance company in a case where any verdict for the Plaintiff would have been in the seven figures.
For informational purposes only. Past success does not indicate the likelihood of success in future cases.