Warnken, LLC Helps Secure Medical Malpractice Judgment

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Post-trial motions conclude in the largest Maryland medical malpractice verdict ever.

Pursuant to an order issued on August 27, 2012, The Honorable Marcus Shar, of the Circuit Court for Baltimore City, has ruled in favor of Plaintiffs Rebecca Fielding, Enzo Martinez, and their injured son, Enzo Martinez, in post-trial motions in the case of Enzo Martinez, et al v. Johns Hopkins Hospital, et al. (Circuit Court for Baltimore City: case # 24C11001081) According to filings in the case, more than ten issues were litigated in post-trial motions, including issues relating to expert testimony, informed consent, and non-economic damages for pain and suffering.

Pursuant to the order, Judge Shar kept in place the $25 million awarded by the jury for future medical costs. He reduced the $4 million awarded for future lost wages to $2.6 million. Because of the cap imposed by the legislature for non-economic damages, Judge Shar reduced the $26 million jury award for pain and suffering to $680,000.

Personnel at Warnken, LLC commented that, based on Judge Shar’s ruling, the Plaintiffs retain 95% of the $29 million of compensatory damages awarded by the jury. The next step is an appeal to Court of Special Appeals of Maryland. “We plan to appeal the constitutionality of the non-economic damages,” said Professor Byron L. Warnken, senior attorney at Warnken, LLC.

Trial counsel for the Plaintiffs was the Firm of Wais, Vogelstein, Bedigian, & Arfaa. The $55 million jury verdict that the Firm obtained included future medical costs, future lost wages, and non-economic damages. The Wais Firm handles medical malpractice claims for severely injured parties. Subsequent to the Martinez case against Hopkins, and according to Maryland case search, the Wais Firm secured a $21 million verdict in another birth injury case (Case Number 24C11001080 in the Circuit Court for Baltimore City). According to court documents, Opposition to the Defense's post-trial motions were filed by the Wais and Warnken firms on 8/28/12.

Warnken, LLC handles appeals and other post-verdict proceedings, including medical malpractice appeals. Warnken, LLC has been involved in more than 250 appeals, including cases in the Supreme Court of the United States.

Cite: Circuit Court for Baltimore City: case # 24C11001081

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Byron Warnken
Warnken, LLC
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