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PSU Dr awarded $5.5m!

I don't know her from Adam and did not watch the trial, but PSU's choice of counsel came across in the articles I read prior to the verdict as very arrogant. Probably didn't help matters.
 
The jury decided on $250,000 in compensatory damages and $5 million in punitive damages.

IMO this is absolutely horrible. What ever happened to employment at will? Furthermore the amount of the judgement far exceeds the extent that Lynch was harmed even if he was dismissed unfairly.

This is a big problem in our country. People who get sued are not the people who are guilty. They're the people with the deepest pockets (in this case PSU Health). Look at the 9/11 victims. They sued the airlines, the city, etc. Look at Erin Andrews lawsuit. She probably didn't collect from the perpetrator (Barrett). Instead she collected from the hotel (Marriott). It's not just who was responsible. Was the harm to her really tens of $millions? Look at McQueary. He was awarded $7.3 million which is as much money as he was likely to earn in a lifetime. If anybody was harmed it was probably Jay. Nobody was going to touch somebody named Paterno with a 10' pole. Same with Lynch. It would have taken a long time for him to earn this type of money.

These ridiculous settlements are costing all of us. This could cause PSU to increase tuition or it could cause liability insurance premiums to go up for everybody. Same with hotel rates, city taxes, etc. IMO there should definitely be a limit. So ends the sermon.
 
The jury decided on $250,000 in compensatory damages and $5 million in punitive damages.

IMO this is absolutely horrible. What ever happened to employment at will? Furthermore the amount of the judgement far exceeds the extent that Lynch was harmed even if he was dismissed unfairly.

This is a big problem in our country. People who get sued are not the people who are guilty. They're the people with the deepest pockets (in this case PSU Health). Look at the 9/11 victims. They sued the airlines, the city, etc. Look at Erin Andrews lawsuit. She probably didn't collect from the perpetrator (Barrett). Instead she collected from the hotel (Marriott). It's not just who was responsible. Was the harm to her really tens of $millions? Look at McQueary. He was awarded $7.3 million which is as much money as he was likely to earn in a lifetime. If anybody was harmed it was probably Jay. Nobody was going to touch somebody named Paterno with a 10' pole. Same with Lynch. It would have taken a long time for him to earn this type of money.

These ridiculous settlements are costing all of us. This could cause PSU to increase tuition or it could cause liability insurance premiums to go up for everybody. Same with hotel rates, city taxes, etc. IMO there should definitely be a limit. So ends the sermon.
It will be appealed, I am sure. Jury's don't understand the complexity of these cases these days. They'll probably settle for something that is closer to half of this lest the Dr. be tied up in court for the next 7 years until he sees a dime (and his lawyers).
 
Juries somehow think this money they award comes out of thin air - anyone see their Auto Insurance Premiums lately - A big part of that is from Nuclear Verdicts - punish the big bad Insurance Companies - but they fail to connect the dots that it flows right back to them with higher premiums.
 
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Juries somehow think this money they award comes out of thin air - anyone see their Auto Insurance Premiums lately - A big part of that is from Nuclear Verdicts - punish the big bad Insurance Companies - but they fail to connect the dots that it flows right back to them with higher premiums.
yeah...it used to be, at least here in Ohio, that punitive damages were limited by a factor of actual damages. For example, a $250k actual damage was limited to three times that for punitive making the max award $1m. I won a suit in Texas for wrongful dismissal and was limited to only damages. But I hurt my career by bringing the lawsuit in my ecosystem of potential employers but did it because I knew it had to be done. it worked out for me and, I think, things are a little better now. Regardless, it is crazy that these awards always feel too small (given what it took to bring and win a case) or too large.

Was the Dr's career hurt or did the Dr just lose money from being dismissed?
 
This type of stuff is just ridiculous. like was said, these big settlements raise everyone's insurance premiums. It's the same with suing pharmaceutical companies, increases everyone's health insurance premiums and drug costs.
 
It will be appealed, I am sure. Jury's don't understand the complexity of these cases these days. They'll probably settle for something that is closer to half of this lest the Dr. be tied up in court for the next 7 years until he sees a dime (and his lawyers).
The appeals, length of time, etc are also problems.

Do you remember when lawyers weren't allowed to advertise? Commercials often talk about how they can get you millions. Not much about how they can get you fair compensation.

Victims should be able to seek representation to help them receive fair treatment for their damages (car accident, wrongful termination, insurance company won't pay for damages, etc). IMO victims should be made whole but they're not entitled to get rich. Things are way out of whack and we're all paying the price.
 
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The appeals, length of time, etc are also problems.

Do you remember when lawyers weren't allowed to advertise? Commercials often talk about how they can get you millions. Not much about how they can get you fair compensation.

Victims should be able to seek representation to help them receive fair treatment for their damages (car accident, wrongful termination, insurance company won't pay for damages, etc). IMO victims should be made whole but they're not entitled to get rich. Things are way out of whack and we're all paying the price.
To be honest, who wants fair compensation. People want to maximize for their pain, suffering, injuries, etc. and that's their right. What is "fair" especially when it comes to insurance?

Some cases are obvious but most are subjective.

For example, if you're in an accident in the state of PA that wasn't your fault and you have full tort just go to Urgent Care so they settle your BI claim for $1000-$3000. It's easy money.
 
yeah...it used to be, at least here in Ohio, that punitive damages were limited by a factor of actual damages. For example, a $250k actual damage was limited to three times that for punitive making the max award $1m. I won a suit in Texas for wrongful dismissal and was limited to only damages. But I hurt my career by bringing the lawsuit in my ecosystem of potential employers but did it because I knew it had to be done. it worked out for me and, I think, things are a little better now. Regardless, it is crazy that these awards always feel too small (given what it took to bring and win a case) or too large.

Was the Dr's career hurt or did the Dr just lose money from being dismissed?
Maybe we should have “loser pays” like England has for some types of litigation.
 
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Maybe we should have “loser pays” like England has for some types of litigation.
One of my kids started out in employment law. The firm filed complaints on behalf of employees but unlike this case they never went to trial in 2 years. All were settled out of court.
 
One of my kids started out in employment law. The firm filed complaints on behalf of employees but unlike this case they never went to trial in 2 years. All were settled out of court.
My neighbor is a high-powered employment law lawyer who reps mostly companies. He is often in the backyard on his mobile. I've heard him give advice to employers who are about to fire someone. He tells them to offer a small severance with a release promising not to sue. If they don't sign it there, they will get no severance at all. He always concludes with "Employees will sign anything. They are shocked and easily controlled."

In my lawsuit, they offered a severance and I declined. I filed and it took me two years. They made a substantial offer on Wednesday before the trial started on Monday. They came up 300% from the offer they made me after the depositions and arbitration. The arbitrater told me we'd get X and we got two times that. I can say that one of the greatest pleasures in my life was watching them get filleted by my lawyer in the depositions. I had just watched the Netflix series "Goliath" and realized my path was to divide the company and their insurance company. When I was deposed they both brought lawyers so I knew they weren't 100% aligned. I kept referring to the insurance company lawyer when I responded by suggesting that the company was doing something illegal. I am sure that the insurance company told them to settle or, pending a legal claim, they'd get nothing at all. Of course, we didn't want to go that route because the legal claim would come first and who knows how long it would take. In the end, I was pleased.
 
Maybe we should have “loser pays” like England has for some types of litigation.
We should in most cases. Another problem is legal fees via contingency. That leaves the plaintiff with the more highly motivated lawyer. This may not be constitutional.
 
Juries somehow think this money they award comes out of thin air - anyone see their Auto Insurance Premiums lately - A big part of that is from Nuclear Verdicts - punish the big bad Insurance Companies - but they fail to connect the dots that it flows right back to them with higher premiums.
Actually not "thin air". Punitive damages claims will often permit the party seeking damages to obtain the financials of the party being sued prior to trial. The financial records are then addressed with the jury present as a means of allowing the jury to assess damages commensurate with the financial status of the corporate defendant.
 
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