Nuclear Verdicts: Where Did They Come From, and Can They Be Stopped?

This presentation will analyze the various factors contributing to the growing increase in nuclear verdicts over the recent years. From shifts in societal perceptions to the dynamics of juror influence, we'll dissect the complex factors fueling these monumental decisions. Explore the role of courts and lawmakers in mitigating their impact on businesses and society at large. For instance, the presentation will discuss the changing societal attitude towards corporate responsibility and the way in which jurors influence one another’s behavior. It will also evaluate the role of the courts and lawmakers in ameliorating the negative impacts of nuclear jury verdicts on business and society. This presentation will open the floor for discussion as the lecturer and participants assess the likelihood that, in light of the foregoing, these explosive verdicts can continue.

Learning Objectives:

• Analyze jury verdict trends over recent years and isolate particular patterns with respect to economic and non-economic damage awards.
• Discuss key contributors to the trends, including a widespread plaintiffs’ counsel shift in strategy to embrace shifting societal attitudes.
• Discuss the current state of appeals to the higher courts requesting the set-aside of nuclear verdicts and evaluate the likelihood that the courts can mitigate the impact of these verdicts.
• Discuss federal and state Legislatures’ role in the civil justice system and consider additional legislative remedies to curb nuclear verdicts going forward.

Speaker Bio

John Serpe, JD, is a partner with Serpe Andrews, PLLC in Houston, Texas. He is an experienced trial lawyer specializing in medical malpractice, pharmaceutical defense, health care liability, health care advising, and health care law. He has tried over 30 medical malpractice cases to verdict and has successfully argued before the Texas Supreme Court. As a result of his experience, Mr. Serpe has written many articles and has lectured to numerous physicians, legal and hospital groups on defense of medical malpractice cases. He serves on various committees at hospitals in the greater Houston areas, assisting with the improvement of health care.

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