http://www.hundleylaw.com Trial and Appellate Litigation Wed, 12 Oct 2011 16:55:06 +0000 en hourly 1 http://wordpress.org/?v=3.0.5 http://www.hundleylaw.com/2010/04/dobyns-v-chung-m-d/ http://www.hundleylaw.com/2010/04/dobyns-v-chung-m-d/#comments Mon, 26 Apr 2010 17:15:58 +0000 HLG http://www.hundleylaw.com/?p=112 Dobyns v. Chung, M.D. , No. 5-07-0568 (April 7, 2010) Dealing a blow to the plaintiff’s decedent in a wrongful death case filed by widower alleging that the defendant physician over-prescribed narcotics and failed to adequately warn her about risk the of harm from taking several kinds together, the Fifth District of the Illinois Appellate [...]]]> Dobyns v. Chung, M.D. , No. 5-07-0568 (April 7, 2010) Dealing a blow to the plaintiff’s decedent in a wrongful death case filed by widower alleging that the defendant physician over-prescribed narcotics and failed to adequately warn her about risk the of harm from taking several kinds together, the Fifth District of the Illinois Appellate Court upheld the jury’s $100,000 verdict to the husband their two children, reduced by 50% for contributory negligence for a total of $50,000. The court found that the verdict was not manifestly inadequate, despite the fact that the defense counsel had remarked during closing that if the jury found the doctor negligent, a verdict of about $1 million would be fair. According to the majority, one cannot engage in a “mathematical computation” and compare similar wrongful death verdicts in the state. In dissent, however, Justice Chapman stated that despite the great deference to be give to jury verdicts, an award of “$100,000 divided among the three survivors . . . trivializes the impact her death had on her family.”

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