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May 12, 2009


Thomas J. Hurney, Jr.

As part of an overall tort reform package for medical negligence cases (modeled somewhat after MICRA) the West Virginia legislature in 2003 increased the size of the jury from 6 to 12, with nine required for a verdict. W.Va. Code 55-7B-6d was struck down as unconstitutional because it violated the separation of powers clause in the WV constitution in Louk v. Cormier, 622 S.E.2d 788 (WV 2005).

John M. Hochfelder, Esq.

In Duffy v. Vogel, a medical malpractice case, New York's highest appellate court ordered a new trial because of the trial judge's failure to poll the jury. The verdict stated that the defendant doctors had not committed malpractice but nonetheless awarded plaintiff damages! I discuss the case at my New York Injury Cases Blog on 4/5/09.

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