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Top Verdicts

Feb. 13, 2014

Top Plaintiffs' Verdicts by Dollar: Myrick v. Catholic Healthcare West et al.

See more on Top Plaintiffs' Verdicts by Dollar: Myrick v. Catholic Healthcare West et al.


Bakersfield teen Kody Myrick got sick one summer evening three and a half years ago.


After a day of tending cattle with his father, Myrick complained of not feeling well and was rushed to the hospital. He suffered a stroke and significant paralysis - he has partial use of one hand and can no longer stand without the help of a walker.


Myrick's father believes if the doctors at Bakersfield Memorial Hospital acted faster, his son would be able to live independently. He sued the hospital and several physicians for negligence. Myrick v. Catholic Healthcare West et al., 515329 (S.F. Co. Super. Ct., filed Oct. 24, 2011).


Except for one doctor, the remaining defendants settled for nearly $6 million, according to court documents. The lawsuit against Dr. Sahaphun Hansa went before a jury in May last year.


Myrick's lawyer, Melinda T. Derish, said the case was especially tricky because she had to distill complex medical terms to a jury. But Derish, who used to be a pediatric intensive care unit physician, knew the right experts to call.


"You have to get the testimony clear so a jury can work their way through something that's medically complicated," said Derish, a San Francisco-based partner with Walkup, Melodia, Kelly & Schoenberger. "They have to learn it in a way that's logical and coherent."


Her strategy worked. In an 11-1 vote, a jury awarded Myrick $38.6 million. Hansa must pay more than $4.5 million of that, according to a verdict form.


Hansa's lawyers - Mark B. Connely and Chase W. Martin of Hall, Hieatt & Connely LLP in San Luis Obispo - could not be reached. The case is on appeal.

- SAUL SUGARMAN

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