Big Verdict in Hinds County Medical Malpractice Trial – 15% Fault to Defendant

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On Friday a Hinds County jury returned a $2.5 million plaintiff verdict in Williams v. Ilercil. The jury apportioned 85% fault to St. Dominic Hospital, which settled before trial, and 15% to the defendant Orhan Ilercil.
Of the verdict, $872,000 was for economic damages. After applying the $500,000 cap for non-economic damage, the total verdict is $1,372,000. 15% of that is $205,800.
The pre-trial order explains the facts and parties’ theories: Ilercil pre-trial order.
The Defendant also wants a set-off for the amount of St. Dominic’s settlement.
Heber Simmons and Bryan ‘Trey’ Smith with Simmons Smith Mercier & Harris in Ridgeland represented the plaintiff.
Whit Johnson and Senica Tubwell with Currie Johnson in Flowood represented the defendant.
Circuit Judge Tomie Green presided.
My Take:
On the surface, the totality of the case seems like a good result for the plaintiff. It also doesn’t seem like a terrible result for the defendant. Even St. Dominic came out looking smart for settling.
It will be interesting to see whether the plaintiff cross-appeals on the constitutionality of the non-economic caps if the defendant appeals.
How the Court addresses the defendant’s argument for apportionment and set-off would also be interesting.

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