Summary of Juror Responses After Defense Presentation
Case Name :
Estate of Edward Smith v. Maxwell Jones, M.D.
(24 of 24 jurors have responded to date.)
View Case Facts
SUMMARY OF FACTS: Fifty-one year old male decedent, who suffered from swallowing/breathing disorder, died in his sleep two days after a visit to defendant, his long-time physician. Patient had complained of flu-like symptoms, for which he had previously been hospitalized. On the date in question, physician did not take patient's temperature or sputum culture or initiate hospitalization. Plaintiff estate alleged malpractice. Defense expert support contended that taking tempurature or sputum culture was not indicated and that decedent's death was due to choking due to swallowing disorder unrelated to acts of the defendant. Jurors listened to fifteen 15-20 minute case descriptions on each side of the case and responded to the following questions. Juror responses helped establish risk of trying the case and built consensus for settlement.
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Questions After Defense Presentation
1.
Who do you think should win this case?
Less than $40,000
Greater than $60,000
The plaintiff, Estate of Edward Smith
2 (66.67%)
The defendant, Maxwell Jones, M.D.
1 (33.33%)
Total Respondents
3
(skipped this question)
0
The plaintiff, Estate of Edward Smith
8 (80.00%)
The defendant, Maxwell Jones, M.D.
2 (20.00%)
Total Respondents
10
(skipped this question)
0
2.
How much, if anything, do you feel should be awarded to the plaintiff in this case?
Less than $40,000
Greater than $60,000
Response
Percent
Response
Total
$ 0
33.33%
1
$ 622,400
33.33%
1
$ 3,000,000
33.33%
1
Total Respondents
3
(skipped this question)
0
Mean Damage Award (< $40,000) =
$
1,207,467
|
Median Damage Award (< $40,000) =
$ 622,400
Response
Percent
Response
Total
$ 0
20.00%
2
$ 172,000
10.00%
1
$ 250,000
10.00%
1
$ 300,000
10.00%
1
$ 500,000
20.00%
2
$ 650,000
10.00%
1
$ 1,500,000
20.00%
2
Total Respondents
10
(skipped this question)
0
Mean Damage Award (> $60,000) =
$
537,200
|
Median Damage Award (> $60,000) =
$ 400,000
3.
What was the primary reason for your verdict decision?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
4.
How did you decide the amount of damages you awarded, if any?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
5.
How strong is you desire to see the plaintiff win this case?
Less than $40,000
Greater than $60,000
Response
Percent
Response
Total
1 - Very Weak
33.33%
1
2tte
0%
0
3 - Weak
0%
0
4tte
0%
0
5 - Neutral
0%
0
6tte
0%
0
7 - Strong
33.33%
1
8tte
0%
0
9 - Very Strong
33.33%
1
Total Respondents
3
(skipped this question)
0
Response
Percent
Response
Total
1 - Very Weak
10.00%
1
2tte
0%
0
3 - Weak
0%
0
4tte
10.00%
1
5 - Neutral
0%
0
6tte
0%
0
7 - Strong
30.00%
3
8tte
20.00%
2
9 - Very Strong
30.00%
3
Total Respondents
10
(skipped this question)
0
6.
How strong/weak is your desire to see the DEFENDANT, Maxwell Jones, M.D., WIN this case?
Less than $40,000
Greater than $60,000
Response
Percent
Response
Total
1 - Very Weak
33.33%
1
2 -ê
0%
0
3 - Weak
33.33%
1
4tte
0%
0
5 - Neutral
0%
0
6tte
0%
0
7 - Strong
0%
0
8tte
33.33%
1
9 - Very Strong
0%
0
Total Respondents
3
(skipped this question)
0
Response
Percent
Response
Total
1 - Very Weak
40.00%
4
2 -ê
30.00%
3
3 - Weak
10.00%
1
4tte
0%
0
5 - Neutral
0%
0
6tte
0%
0
7 - Strong
10.00%
1
8tte
10.00%
1
9 - Very Strong
0%
0
Total Respondents
10
(skipped this question)
0
7.
What were the two strongest points in favor of the plaintiff, Estate of Edward Smith?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
8.
What were the two strongest points in favor of the defendant, Maxwell Jones, M.D.?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
9.
Do you think it was malpractice for the doctor not to take Mr. Smith's temperature on the May 20th visit? Please explain. . .
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
10.
Do you think it was malpractice for the doctor not to admit Mr. Smith to the Hospital on May 20th, 2001? Please explain . . .
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
11.
Do you think it was malpractice for Dr. Jones not to order a sputum culture on May 20, 2001? Please explain. . .
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
12.
Why/How do you think Mr. Smith actually died (physically or medically)?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
13.
What else do you find yourself wanting to see or hear to help you make the best decision in this case?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
14.
What would you have to see or hear for you to change your verdict in this case?
Less than $40,000
Greater than $60,000
Total Respondents
3
(skipped this question)
0
Total Respondents
10
(skipped this question)
0
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