Settlement During Trial for Severe TBI

Congratulations to the trial team of Ryan Rudd, Keith Mitnik, and Ravin Sahadeo of Morgan & Morgan; Bruce Steckler of Steckler Wayne & Love; Tom Crosley of Crosley Law; and DP&S’s own Tammy Holt, on achieving a life-changing settlement following a trial seeking compensation for a severe traumatic brain injury.

The case settled while jurors were in their second day of deliberations. During closing arguments, the plaintiff’s team asked the jury to award approximately $111 million in damages. Defense counsel urged a substantially lower award of $33 million for the 40-year-old former pharmaceutical representative who suffered permanent and severe brain injuries. The case also included a substantial loss-of-consortium claim brought by her husband.

As negotiations progressed, the jury notified the court that it had reached a verdict. With the court’s permission, settlement discussions continued, ultimately resulting in a confidential resolution. The settlement provides meaningful security for the plaintiffs while avoiding what likely would have been a prolonged and hard-fought appeal.

Serving as appellate counsel on the trial team, Tammy played a key role throughout the trial, defeating multiple efforts to strike or limit key damages experts and repeated defense motions for mistrial. Tammy also worked to ensure that both the evidentiary record and jury charge were positioned to withstand appellate scrutiny—particularly in light of the significant verdict that was anticipated.