Hunter
11/12/24
The Iowa Supreme Court has overturned a verdict in a medical malpractice case from 2022 that was the largest amount awarded in state history.
The Kromphardt family brought the medical malpractice lawsuit against Mercy Iowa City, Dr. Jill Goodman and OB-GYN Associates after their baby was injured during childbirth.
The lawsuit claimed the baby was injured because the doctor was negligent while using forceps and a vacuum delivery system to deliver the baby, causing brain damage to the baby.
A jury returned a verdict in favor of the Krompharts, awarding them $97.4 million.
Mercy Hospital settled its portion of the lawsuit, but the clinic and its insurer appealed, claiming the court erred by admitting hearsay evidence, specifically a package insert from the manufacturer of the vacuum system that warns against using it after a failed forceps attempt.
The clinic argued the verdict was excessive, and the court should have granted a new trial based on that. The appeal also addressed the plaintiff attorney’s misconduct during the trial, including mocking the defense’s arguments. In his closing argument, attorney Jeffrey Fieger encouraged the jury to punish the defendants for failing to take responsibility.
The ruling on Friday sets the stage for a new trial.