Posted on Jul 04, 2006
Judge overturns $28 million medical malpractice lawsuit
SANFORD, Fla. - A judge overturned a $28 million medical malpractice verdict because three jurors deceived attorneys during jury selection.
Circuit Judge Debra S. Nelson ruled Friday that Longwood gynecologist Dr. Robert Bowles did not get a fair trial and ordered a new one.
In April, a six-member jury said Bowles had been negligent and awarded $28 million to Jeannette Davis. Davis, 42, had sued the gynecologist, alleging he botched an operation for minor incontinence that left her unable to urinate naturally. The woman said she now has to catheterize herself for the rest of her life.
After the verdict, Bowles' attorney Richard Womble began investigating the jurors and discovered three had lied. Two men, who had been sued several times, did not raise their hands during juror questioning when asked if they had been involved in a lawsuit.
A third person told lawyers about a medical malpractice suit she had filed against her gynecologist but said nothing about nine suits that had been filed against her.
Defense attorneys brought the three jurors back before the judge to clear up the matter.
Nelson overturned the verdict and called for a new trial.