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Judge Issued Rulings Denying Defense Motions

By Lindsay F. Wiley [Bio]

April 25, 2002 - In April of 2002, Judge Robert Hunter of the Superior Court of California for Alameda County issued rulings denying defense motions to set aside the verdict and for a new trial. The court also awarded attorney's fees to the plaintiffs and applied a 1.5 multiplier to enhance the fee award in light of the importance of the case to the public interest.

"The jury's ruling awarding damages for the patient's pain and suffering and the court's award of substantial attorneys fees should send a loud and clear message to all providers and risk managers," said Kathryn Tucker, co-counsel in the case and Legal Director of the Compassion in Dying Federation, "failure to treat pain adequately and appropriately is risky behavior. We hope that this will motivate providers to redouble efforts to provide attentive and effective pain management."