DEFENSE STRATEGY

Nuclear Verdicts are on an upward trajectory

Nuclear verdict trends matter because they drive up the costs of goods and services, make insurance riskier to offer and more difficult to obtain, and undermine fundamental fairness and predictability in the rule of law. And, as this paper reveals, the problem is getting worse.

The latest edition of The Institute for Legal Reform (ILR)’s research on nuclear verdicts (jury verdicts worth $10 million or more) examines 1,288 such verdicts awarded in the 10-year period between 2013 and 2022.

ILR research dives into the factors driving this trend, looking at different case types behind these verdicts and their variation across the states. Among other findings, the paper shows that:

• California, Florida, New York, and Texas collectively produce half of the nation’s nuclear verdicts.
• Product liability nuclear verdicts are increasing in size far more quickly than other verdict types, rising to a median value of $36 million in 2022 from a starting median of $24 million in 2013 (a 50% increase).
• Noneconomic compensatory damages continue to play an outsized role in nuclear verdicts. In fact, in six out of 10 years in the dataset, the total amount of noneconomic damages exceeded the total amount of economic damages and punitive damages combined.

Excelas’ medical review, as well as its ability to incorporate chronologies and analyses into overall case assessment and defense strategy, can assist with early resolution for large and small cases

SENIOR LIVING

Long-term care is in trouble

Since the onset of COVID-19, nearly 800 nursing homes have closed, displacing almost 30,000 residents.

“It’s not hyperbole to say access to care is a national crisis,” said Mark Parkinson, the organization’s president and CEO. He’s right. Nursing homes are closing faster than new ones can open, and the challenges aren’t just logistical. They’re existential.

Why is this happening when demand for long-term care services is increasing and about to explode? Two developments stand out.

1. New nursing home construction has stalled. While 73 new nursing homes opened in 2020, only 37 came online last year.
2. Growth of alternative long-term care options, such as home care and assisted living, has siphoned off resources and attention from traditional facilities.

The situation is dire: Nearly half of all nursing homes are limiting new admissions, over half have waiting lists, and 1 in 5 have had to close units due to labor shortages.

INDUSTRY KNOWLEDGE & NETWORKING

2024 DRI Senior Living and Long-Term Care Litigation Seminar

September 18-20, 2024 | Chicago Hyatt Regency in Chicago, IL

Thursday, September 19, 2024 at 9:15 am
The Bloody Truth About Brain Bleeds & Blood Thinners: Suits, Surgery, and Solutions

DRI is the largest bar association for civil defense attorneys and in-house counsel.

You can always read all our newsletters online!