Sacramento Plaintiffs Seek Full Recovery In Medical Malpractice Suit, Part 1 of 4

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Question: Are medical malpractice plaintiffs eligible to recover prejudgment interest on their jury award when their statutory offer to settle has been rejected?

Plaintiffs ELLEN GREENE and PETER GREENE, minors, will move the Court for an order awarding and adding prejudgment interest to the judgment in favor of plaintiffs ELLEN GREENE and PETER GREENE, minors, and against defendant KENNETH B., M.D., pursuant to Civil Code §3291 and Code of Civil Procedure Section §998, in the amount of $120,384.75, as of November 24, 2003; and $281.93 daily interest from and after February 4, 2005, to the date of entry of judgment, based upon the jury’s verdict in this medical malpractice action of January 12, 2005, as follows:

Past economic loss: $ 53,300
Future economic loss: $145,500
Non-economic loss $830,250
reduced from $3.8 million
to $830,250 per the
declaration of economist

Peter Formuzis, Ph.D.

Total: $1,029,050

Note: If the Jury’s Verdict for non-economic damages is reduced per Civil Code Section 3333.2, from $3.8 million to $250,000, and without any increase for inflation since 1975, the amounts become:

Past Economic Loss: $ 53,300
Future Economic Loss: $145,500
Non-economic Loss $250,000
Total: $448,800

The Prejudgment Interest on $448,000 from November 24, 2003 to February 4, 2005 is $52,409, with daily interest of $122.95 thereafter, until the actual date of entry of judgment. (See Part 2 of 4.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


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