On November 16, 2007, Thomasine Lucas filed a wrongful death lawsuit on behalf of her late husband's estate, herself, and Mr. Lucas’ three sons, against Dr. Said Daee and Prince Georges Community Hospital. The hospital was later dismissed from the lawsuit. The trial began on September 14, 2009. The Plaintiffs were represented by Annie Hirsch from The Law Offices of Annie B. Hirsch, LLC, a medical malpractice law firm in Maryland, and was second chaired by Paul Vettori of Kenny & Vettori, LLP. Closing arguments concluded at 11:55 a.m. on day four of the wrongful death trial. Forty-five minutes later, the jury returned to the court room with a signed wrongful death verdict sheet. The jury had awarded the estate of John Lucas $341,154.44 in economic damages and $350,000 in non-economic damages. In addition, $100,000 was awarded to each son, and $350,000 was awarded to the widow, Thomasine Lucas.
The Defendant Daee promptly filed several post-verdict motions, all of which were denied. The Defendant Daee then proceeded to appeal the
wrongful death verdict based on the following allegations: 1) the plaintiffs failed to adhere to the Maryland rules regarding medical expert testimony and; 2) that the jury pool was tainted by allegedly prejudicial comments against Defendant Daee during the voire dire process. All appellate briefs have been submitted, including an Amicus brief by the Maryland Association for Justice in support of the plaintiffs' wrongful death verdict.
When asked about the appeal, Hirsch stated that "This family has been waiting for this for an exceedingly long time. They have undergone substantial pain and suffering from the moment their patriarch was hospitalized, through his death and an agonizing trial. The last year and a half of waiting has been difficult for all of them. It's time for this matter to be put to rest and to give this family what they what they are entitled to under the law, their verdict."
Oral arguments are set to be heard by the Maryland Court of Special Appeals on January 12, 2011. Ms. Hirsch and Mr. Vettori, counsel for the Plaintiffs, are confident that this verdict will be upheld by the Maryland Court of Special Appeals, in the interest of fairness and justice.
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