A Juror Speaks: Couple awarded $3.27M In Botched Baby Delivery

November 10, 2010

Rob Mark on October 22, 2010 4:18 PM

What an interesting discussion.

And a big shout-out to you Eric. I was one of those idiots on the Cook County jury that in this case found for the plaintiff so please bare with me while I offer a first-hand account of what we saw and thought.

Having given up more than two weeks of my life for the grand total of $17.20 a day, I could easily say I resent your comments. If I did, I’d accomplish no more than figuratively spitting in your eye.

But as Beth Kaveney – the planitiff’s attorney – said during closing arguments, the case was not about us, it was not about the system, it wasn’t about her or even the defense attorney or even the physician. It was about a little kid who had no say in this event or the surgeries he endured since or the physical therapy he’s been through up to this point and will for the remainder of his life.

After hearing weeks of testimony, we believed without a shadow of a doubt that the doctor possessed information just before the delivery began that she did not share with the Rodriguez family. That was a mistake that could have been easily rectified with a 20 second conversation … one that never took place.

As someone else mentioned, there are ALWAYS risks with any birth. But if Dr. Friedman had shared what she knew with the family, perhaps the injury would never have occurred. But she didn’t, despite that fact that the doctor admitted she COULD have.

While there were indeed some on the jury who believed it was our job to right all the malpractice wrongs of the world with this case, we deliberated for many hours and eventually realized that it would have been grossly negligent on our parts to ignore this child to prove a point to the system.

So Eric, despite your condemnation of a really diverse and smart bunch of people who also gave up two weeks of their lives to consider this case, I think we did the best we could with the information we were given.

And tell me. When was the last time you served on a jury for any length of time? To any who read this, I encourage you to ignore the inconvenience factor and do the time.

It was eye-opening and proved to me that the system of government we all claim to support, really does work. Other than the time I did in the Air Force during VietNam, this is the only thing the government has ever asked of me. I was proud – although at times very tired and very frustrated – to be a part of this event.

Rob Mark

via Couple awarded $3.27M in botched baby delivery – Chicago Breaking News.


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  1. Ursula Borrow says:

    Now that is an interesting perspective we don’t get to see often.

  2. Julie McCollester says:

    Often times the public makes up its opinion based on only half the story. Thanks for posting this-it clears up a lot.

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