Philadelphia
Philadelphia lawyer faces $1M sanction in med-mal trial
At the outset of trial, the judge instructs counsel that there is to be no mention of the victim’s smoking habit because it may unfairly bias the jury. During trial, an expert witness for the defense mentions the forbidden and the following ensues…
Philadelphia Common Pleas Court Judge Paul Panepinto slapped Atty. Nancy Raynor with nearly $1 million in court sanctions Nov. 4 because one of her witnesses testified that a woman at the heart of a medical malpractice trial had been a smoker, breaching a court order against such a statement. The family of the woman, who had died of lung cancer, won a $190,000 verdict, but Panepinto reversed the award and ordered another trial, finding that the smoking reference had unfairly tilted the scales in favor of the defense.
The sanctions were intended to reimburse the woman’s family and her attorneys for the lost time and expense of the first trial. But the decision has triggered sharp criticism, not only from the society, but also from members of the defense bar and others, who say the amount of the sanctions is unprecedented, and, given disputed facts in the matter, unwarranted.
Defense attorney, Nancy Raynor, and members of the defense team say that she repeatedly advised the witness of the judge’s instructions. Unfortunately, Raynor’s malpractice insurance excludes coverage for court-imposed sanctions. Now, Doctor’s rally on behalf of lawyer facing $1m sanctions and the legal community in Philadelphia is in an uproar. Yet another reminder of the heightened stakes in our profession. See also, Lawyer sanctioned $1M for allowing smoking reference in med-mal trial.
The NEXT Chapter…
This is a professional legal blog and I aim to operate it as such. Yet, there are exceptions to every rule and here is the place where one applies. The recent lapse in post, as well as changes that may occur moving forward call for an explanation. Here it is…
I married the love of my life on August 10, 2014. Very soon thereafter, I accepted an attorney position as a litigator practicing insurance defense at Baginski, Mezzanotte, Hasson, & Rubinate in Philadelphia, PA.
The change has been met with nonstop movement and a huge increase in responsibility. I mention this because naturally as I continue to increase my depth of knowledge in this new practice area a majority of my post may center around it. To do so without notice would be inapt.
Practicing in Philadelphia has been both exciting and overwhelming. On one hand, there is the ever-changing rules and practices of Pennsylvania courts and on the other, there is the thrill of walking into City Hall every other day. The two contrast – among many – balance out quite nicely. Nonetheless, the objective of this blog is to share everyday lessons learned by a young up and coming attorney. I plan to continue doing so only in a slightly different form. Be sure to follow…
The Burgeoning Young Attorney 