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Medical malpractice “nuclear” verdicts blew away records in 2023, and trends appear to be continuing this year.
A staggering 57 verdicts exceeded $10 million, according to data from TransRe, a reinsurance company that tracks large verdicts.
“If we look at the 50 largest verdicts in 2023 and average them out, we have a higher monetary amount than any other year,” Richard Henderson, senior vice president for TransRe, told Medspace.
Why it matters: While most mega verdicts are reduced on appeal or settled for lower amounts, they affect future malpractice claims.
The significant jury awards lead to larger settlement demands from plaintiffs and drive up costs to resolve claims, according to experts.
By the numbers: In December 2023, a Florida jury returned a $261 million verdict against Johns Hopkins All Children’s Hospital in St. Petersburg, Fla., for its treatment of a young patient and her family after an emergency room visit.
Other 2023 mega awards included:
- In April 2023, a jury awarded a family $183 million in their birth injury lawsuit against the Hospital of the University of Pennsylvania (HUP).
- In November 2023, a New York jury ordered Westchester Medical Center Health Network to pay $120 million to a patient following delayed stroke care.
Although 2024 has not yet ended, several significant malpractice verdicts have made waves nationwide. Those include birth injury awards of $120 million in Michigan and $75.8 million in Illinois.
Driving the trend: There’s no single reason for the rise in nuclear verdicts. However, experts cite changes in tort reform, pandemic-related delays, and shifts in the view of healthcare as reasons behind the rise.
For example, states like Georgia and Utah have seen noteworthy changes in how malpractice cases are litigated, making it harder to predict where high verdicts may emerge.
Others believe juries are increasingly angered by perceived systemic issues, leaving them more inclined to deliver sizeable punishments.
“Healthcare has become a big business, and the corporatization of medicine now puts companies on the stand and not your local community hospital or your family doctor that you have known since birth,” Bill Burns, vice president of research for the Medical Professional Liability Association, told Medspace.
Looking ahead: Pressures from nuclear medical malpractice verdicts show little signs of easing.
Rising medical professional liability premiums are one consequence of nuclear verdicts. According to data from the Medical Liability Monitor, medical liability insurance premiums have steadily increased since 2019.
“Verdicts are the yardstick by which all settlements are measured,” Robert E. White Jr., president of TDC Group, said to Medscape. “That’s where the damage is done.”
