So-called "nuclear verdicts," defined as jury awards of more than $10 million in civil cases, have been on the rise across healthcare.
In 2023, malpractice verdicts hit a record high. There were 57 medical malpractice verdicts of $10 million or more, and more than half of those reached $25 million.
Here are five "nuclear" or multimillion dollar verdicts involving ASCs in the last five years:
1. The Iowa Supreme Court recently overturned a $97 million malpractice verdict, which marked the largest award in the state's history. Mercy Iowa City, Jill Goodman, MD, and OB-GYN Associates faced the lawsuit after the patient's baby was injured during childbirth. The family was awarded the $97.4 million verdict in March 2022, but the case will now proceed to a new trial.
2. In August, a jury awarded approximately $25 million to the family of Ericc Gilbert, who died following a routine colonoscopy at an ASC in Oregon. The lawsuit alleged that staff at the facility failed to adequately respond after Mr. Gilbert's vital signs began to crash during the procedure, eventually leading to his death.
3. Also in August, an anesthesia provider and its malpractice insurer paid $4.2 million to settle with the family of Michelle Crisafulli, who died following a procedure at RWJBarnabas Health’s Gregori Surgery Center.
4. In Nov. 2022 a $15 million lawsuit was brought against Fauquier (Va.) Medical Center, Advanced Digestive Care and Gastroenterology Associates, alleging medical negligence that led to the death of his son.
5. In July 2022, a $30 million verdict was handed down against Monroe HMA Physician Management, in Lawrenceville, Ga., and one of its nurses after a mother and her child sustained birth-related injuries, according to the Courtroom View Network.