Whitev.McGouirk
After Dr. Tamica White transected Amy McGouirk’s bile duct during gallbladder-removal surgery, Amy endured repeated hospitalizations, more than a year with drainage and feeding tubes, later hernia surgery, and continuing pain and health risks. A jury awarded Amy $10 million and her husband $100,000 for loss of consortium. The defendants argued that the McGouirks’ closing remarks improperly urged the jury to send a message and that the $10.1 million verdict was excessive. The Court of Appeals affirmed, holding that the unobjected-to salary comparisons were not preserved, the “take responsibility” remarks did not ask jurors to punish the defendants, and the limited challenged comments did not permeate the trial or require a mistrial or new trial. The court also held that the award was not flagrantly excessive given Amy’s severe injury, more than $900,000 in medical expenses, lasting complications, lost work, pain, and effects on family life. The judgment was affirmed.
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