Friday, October 8th, 2004 — In a 13-page opinion, Ohio trial court Judge Robert M. Lawther said the state's largest medical malpractice award in the state's history was excessive and that "passion" and "prejudice" influenced the award.
In his opinion, Lawther called for a new trial.
"This case is highly unusual and heartening," said Peter Bisbecos, NAMIC legal and regulatory affairs director. "Medical malpractice cases are highly emotional and judges must be careful in emotional cases not to let things get out of control.
"It is commendable that the judge in this case did this, even if after the fact," added Bisbecos. "His courage will make it more likely that other defendants in the future will feel as if they can get a fair trial."