Jury Verdict Research Verdict and Settlement Study Released: No Change in Median Medical...

Legal Writers/Health/Medical Writers

HORSHAM, Pa.--(BUSINESS WIRE)--March 20, 2003

Jury awards in medical malpractice claims remained stagnant, and plaintiffs won fractionally more trials in 2001, the most recent year studied, than 2000.

According to Jury Verdict Research(R)'s

                National Compensatory Jury-Award Median
                     in Medical Malpractice Cases

                    Year                    Median
                    ----                    ------
                    2001                  $1 million
                    2000                  $1 million
                    1999                  $700,000
                    1998                  $700,000
                    1997                  $500,000
                    1996                  $457,500
                    1995                  $500,000

While there was a slight increase in the percentage of cases medical malpractice plaintiffs won in 2001, the group still lost more than 60 percent of the time when the case went to a jury.

                        Plaintiff Recovery Rate
            (ratio of plaintiff verdicts to total verdicts)

            Medical
          Malpractice       Diagnosis        Surgical     Childbirth
 Year      (Overall)        Negligence      Negligence    Negligence
 ----     -----------       ----------      ----------    ----------
 2001          39%              38%             44%          53%
 2000          38%              36%             46%          36%
 1999          35%              32%             32%          43%
 1998          33%              33%             30%          44%
 1997          35%              33%             38%          35%
 1996          29%              26%             30%          34%
 1995          35%              37%             31%          47%

"Our med mal statistics leveled off this year," said David Boxold, editor of the study. "While plaintiffs are still compensated with million-dollar awards in some cases, the majority lose their jury trials and never receive a dime."

The 48-page study of personal-injury jury awards and settlements also reported trends and plaintiff recovery rates for major liabilities.

                National Compensatory Jury-Award Median
                       in Personal Injury Cases

   Liability         2000                2001              Change
   ---------         ----                ----              ------
   Vehicular      $   17,495          $   17,601            +  1%
   Premises       $  109,018          $  125,025            + 15%
   Products       $1,775,000          $1,500,000            - 15%
   Overall        $   48,200          $   51,573            +  7%

Since 1965, Current Award Trends in Personal Injury has analyzed jury-award and settlement trends for selected injuries and liabilities. Based on more than 202,000 nationwide personal-injury verdicts and settlements, the 2002 Edition also includes:

-- jury-award averages and probability ranges;

-- the median number of months from incident to trial date;

-- jury-award trends for frequently claimed injuries including back strains, head injuries and wrongful death;

-- the median settlement final offer and demand;

-- plaintiff recovery rate by liability; and

-- selected state-specific jury-award data.

Copies of Current Award Trends in Personal Injury, 2002 Edition are available from Jury Verdict Research (R)for $39.95 plus $5.50 shipping and handling. To order or for more information, call 1-800-341-7874, ext. 307; visit www.juryverdictresearch.com; or e-mail custserve@lrp.com

Jury Verdict Research (R)maintains the only nationwide database of more than 202,000 plaintiff and defense verdicts, and settlements resulting from personal injury claims. The data are reported, tabulated and analyzed to determine values, trends and deviations for 400 injuries and 300 liabilities.

Media Only: For a free media-review copy of Current Award Trends in Personal Injury -- 2002 Edition, call Gary Bagin at 215-784-0941, ext. 370, or e-mail garyb@lrp.com.