Mich. Court Says ‘Reptile Theory’ No Bar To Med Mal Award

Law360 (April 4, 2018, 9:11 PM EDT) -- A Michigan appellate panel on Tuesday upheld the bulk of a $3 million jury verdict in a medical malpractice suit over a baby’s birth injury, rejecting the hospital’s argument that the patient’s attorney improperly invoked the “reptile theory” trial technique to play to the jury’s emotions.

A three-judge Court of Appeals panel affirmed the jury’s award to Libbey Bryson in a suit accusing Genesys Regional Medical Center and others of negligently delivering her daughter and causing the infant’s permanent shoulder nerve injury. The panel rejected the hospital’s numerous arguments raised on appeal, including an assertion that a new trial was warranted...

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