Patient left legally blind in 2013 hasn't seen a dime of $21M malpractice award. Here's why

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Patient left legally blind in 2013 hasn't seen a dime of $21M malpractice award. Here's why
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A jury in July 2022 returned a whopping verdict for Alice Duff and her husband, Dean Duff, totaling $21.3 million. But that was not the end of the story.

A Pomona woman who became a quadriplegic following spinal surgery won a jury verdict following a 5-month trialBOWLING GREEN, Ky. ― It was supposed to be a routine procedure ― an elective hernia surgery. And Alice Duff was scheduled to be released from the hospital the next day.improperly stitched her bowel, eventually causing it to leak toxins into her bloodstream, poisoning her body and building up the pressure in her eyes so high it detached her retinas, said her lawyer, Chad Gardner.

Tate said in an email it had no choice but to file to"meet its ethical obligations to its patients ― it treated 1 million of them in each of the last two years — and to pay its more than 1,000 employees." “So much for integrity, ethics, and the prioritization of patients,” Stephanie Simpson Morris, a community college instructor, wrote on the Bowling Green Daily News Facebook page.

In his emailed response, Tate called the posts from readers “unrepresentative” and said since the filing, the clinic had received “much support and encouragement” from patients and the public. The couple could be in for a long wait: The average Chapter 11 takes 17 months before creditors are paid, and a complex case can take five years to resolve, according to Debt.org and other sources.

Debtors don’t have to prove they are insolvent to get relief, but they must show they are filing Chapter 11 in “good faith” ― meaning they legitimately could not pay their debts and are in distress. If they are not, a judge may dismiss their petition, according to theThe clinic lists total liabilities of $146.3 million and assets of $57.3 million, but Gardner said he will try to prove the clinic exaggerated the former and undercounted the latter.

But that hasn’t been true, at least in Kentucky. The Kentucky Trial Court Review, which tracks civil trial verdicts, said there were three nuclear verdicts ― defined as those of $10 million or more ― in the two years before the pandemic was declared and four in the two years after. In its appeal, the clinic says Gardner improperly"inflamed" jurors’ passions and broke the rules by asking them how much they would need to be paid to take a job that entailed the injuries Duff endured.In an interview, Gardner said the clinic’s lawyers did not object during his summation and thus forfeited the right to make that argument now.

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