Medical Malpractice Verdict

Representation: Mediator

Bob Bernstein’s expertise as a business bankruptcy lawyer and as a trained mediator came together when the parties to a medical malpractice case asked Bob to mediate the dispute. The plaintiff won a verdict far in excess of the insurance coverage. The defendant with more assets (who was the lesser liable of the defendants), claimed payment of the verdict would force it into bankruptcy. The parties were embroiled in post-trial motions and possible appeals that would have been expensive and time-consuming. These actions also would have delayed payment of the insured portion of the verdict. The trial judge suggested mediation and Bob Bernstein was approached. Because of upcoming court dates in the case, Bob was able to schedule an all-day session, in less than a week, which resulted in an agreement. While the parties and the terms are confidential, the resolution allowed the plaintiff to feel good about its verdict and to be protected even in the event of a bankruptcy by the defendant. The defendant, on the other hand, received a discount and saved the expense and risk of the appeal. Both sides complimented Bob as mediator for being able to bring the parties to a resolution.