Layton v. Marshall Hospital

(April 15 to April 25, 1991). 9 day jury trial of Res Ipsa Loquitur theory resulted in a hung jury, 8-4 for the defense, largely due to repeated acts of misconduct plaintiffs’ counsel committed during the latter stages of trial. Plaintiffs did not retry the case. Plaintiff was admitted for a scheduled Cesarean section delivery and began complaining of shoulder pain approximately 16 hours post-operatively. No clear pathology was ever diagnosed. Plaintiff asked for an award her of $85,000.00. Case ultimately dismissed.