New York Law Journal Publishes Cynthia Robinson’s Strategies for Fighting Emboldened Plaintiffs Bar

In an article published in the New York Law Journal’s March 13 issue, healthcare litigation partner Cynthia Robinson provided guidance and strategies for fighting today’s “newly emboldened” plaintiffs bar. 

Cynthia noted that the plaintiffs bar is shifting away from settlements in the hopes of obtaining a nuclear verdict at trial, and this is causing concern for healthcare providers and insurers.

“This shift is not only costly, but also time-consuming for all parties involved. Further, the settlements that can be achieved are increasing at a rate faster than typically expected with inflation,” she wrote. “As a result, defense counsel need be aware of the shift in practice and respond with even more aggression and tenacity.”

Cynthia went on to note that more and more plaintiff attorneys are even willing to risk mistrial with improper statements. “One of the grounds for a mistrial to be declared is a fundamental error prejudicial to the defendant that cannot be cured by appropriate instructions to the jury. One of the most common examples of this is improper statements to a jury during summation,” she said.

In the past, plaintiff counsels sought to influence jury decisions by employing the Golden Rule argument, but it is now “universally condemned.” Next came Reptilian Theory, which has not been outlawed but some judges will rule in favor of an attempt to prevent such tactics.

Review Cynthia’s complete article for takeaways from recent reports and studies about nuclear verdict trends, and to learn more strategies for fighting the newly emboldened plaintiffs bar.

A leading health care litigator, Cynthia Robinson defends doctors, nurses, hospitals and other healthcare providers in high-stakes medical malpractice litigation from case inception to trial. For the entirety of her career, Cynthia has focused her practice exclusively on medical malpractice defense. She listens to her clients; she anticipates and avoids future potential risk; and she identifies not only the best legal arguments but the best way those should be made based upon the circumstances and parties involved. To learn more about Cynthia, please click here

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