Published 12-14-22

Med Mal Number Breakdown

We are working through the 2022 Year in Review and looked at the Med Mal numbers (25 years complied) in a different way today.

As we published earlier this week, plaintiffs did really well in Med Mal cases in 2022, winning 12 of 29 for a 41.3% win percentage. That's the best plaintiffs have done in the 25-year survey.

We broke the larger numbers down in a differently, looking at them by different time periods.

25 Year Med Mal Numbers:

1998-2012 1154 total verdicts. Plaintiffs win 257-897 for a 22.2% win rate. Average Plaintiff's Verdict is $2,392,369.

What about numbers by a different time frame, say, 1998 to 2010, 2010 to 2022, 2015 to 2022 and then most recently, 2020-2022.

We've did it and it's interesting.

1998-2010 753 total verdicts. Plaintiffs win 175-578 for a 23.2% win rate. Average Plaintiff's Verdict is $1,991,161.

2010-2022 401 total verdicts. Plaintiffs win 82-319 for a 20.4% win rate. Average Plaintiff's Verdict is $3,248,606.

2015-2012 181 total verdicts. Plaintiffs win 42-139 for a 23.2% win rate. Average Plaintiff's Verdict is $3,583,381 

2020-2022  56 total verdicts. Plaintiffs win 18 of 56 for a 32.1% win rate. Average Plaintiff's Verdict is $3,748,536.

Are you seeing a trend? Plaintiffs are doing better in these cases (generally) and taking larger verdicts on average especially in the last three years.

All the details will be in the 2022 Year in Review (25th edition). 

Order your copy now -- should be ready the first week of January.

Order the 2022 Year in Review (link to online store)

Published 12-15-22

Largest Pain and Suffering Awards in Kentucky History

We are working through the 2022 Year in Review and we're dropping interesting tidbits as they pop up. Today we are looking at the Pain and Suffering Report which chronicles every pain and suffering award since 1998 that exceed $1,000,000.

In 2022 there were six such results. The largest was $12,000,000 and was returned in the Warren County Med Mal where an elderly woman (otherwise active) was left blind and disabled after surgical complications. Chad Gardner was for the plaintiff and this is his third such result since 1998.

What are the largest pain and suffering verdict results? This chart has the largest results since 1998 that were $8,000,000 or greater. The full report (with all the results over $1,000,000 is contained in the 2022 Year in Review (25th edition).

Order your copy now -- should be ready the first week of January.

Order the 2022 Year in Review (link to online store)

Published 12-16-22

Auto Negligence Aggregate Numbers

Earlier this week we published that plaintiffs in Med Mal cases in the last year have done well by historical standards -- like the best ever.

This morning we are working through the Auto Negligence numbers and there's a trend there too.

On a 25-year basis and across 2076 verdicts, plaintiffs win 61.6% of car wreck trials and the average plaintiff's verdict is $121,705. In other words plaintiffs, on average, win 6 of 10 cases, and when they win, the average award is $121,705. That's the 25-year number.

What if we looked at just the last five years from 2018 to 2022. How have plaintiffs done in the last five years?

Plaintiffs have won at a 69.3 rate (nearly 7 out of 10) and the average plaintiff's award is $306,007.

What are we seeing? Plaintiffs are winning more often (by about eight percentage points) and when they win, the average award is 2.5 times higher, that is, $306,007 versus $121,705. In 2022 alone there were seven verdicts above $100,000.

There's a trend out there. Plaintiffs are winning more often and the verdicts are larger. These numbers by the way are adjusted to remove the very, very largest numbers, particularly in the last five years, the $32 million dollar result from Anderson County (No. 5810) is excluded.

All the details are coming in the 2022 Year in Review (25th edition) and not just the numbers, but all the reports, Attorneys of the Year, Hall of Fame, Injury Index and who knows what else because we're still working through it.

Order the 2022 Year in Review (Link to the online store)