Jury award overturned, but Fieger will retry case to prove point -- The Fieger Forum

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Subject:

Jury award overturned, but Fieger will retry case to prove point

Author:
Chris

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Date Posted: 03/11/07 4:09pm

March 09. 2007 2:19PM

Judge overturns $30 million malpractice award in doctor's death

The Associated Press

The trial judge has overturned a jury's decision to award $30 million to the family of a doctor who died after knee replacement surgery at Lexington Medical Center last summer.

Circuit Judge Diane Goodstein's order Wednesday relied on a legal doctrine known as the "13th juror," which allows a judge to nullify a jury award if the judge thinks the award isn't supported by the facts of the case.

Dr. Asif Sheikh, 58, was in apparent excellent health, but died less than a day after the surgery in 2002.

Sheikh family lawyer Geoffrey Fieger asked the Lexington County jury for $55 million.

Fieger said he is disappointed the judge set aside the $30 million award, but doesn't plan to appeal. Instead, he will try the case again.

"Judge Goodstein is one of the fairest and brightest judges I've ever seen," Fieger said. "I don't mind a bit if we try the case again in front of her. When we win another $30 million verdict, I don't think she will take the position that that will be unreasonable."

Officials with Lexington Medical Center said they would not talk about a pending legal matter.

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