Multi-million dollar verdicts in the state of Iowa are unusual. On Thursday, September 6, 2007, two multi-million dollar verdicts in separate cases were returned by juries in the Iowa District Court for Polk County in Des Moines.
The first involves a 13.5 million dollar verdict in a medical malpractice (negligence) case against Broadlawns Polk County Hospital in Des Moines. Plaintiff contended that doctors failed to properly monitor the mother of a boy who weighed over 12 pounds at birth. Plaintiff also argued that the doctors took too long to perform a cesarean section operation. Evidence at trial indicated that the boy, who was born four years ago, suffered series brain injury during the birth. The young man's current diagnosis is spastic cerebral palsy. It is anticipated that attorneys for Broadlawns will file post-trial motions contesting the jury verdict, and an appeal of the case is possible.
Another Polk County District Court jury has ordered West Des Moines businessman Gerald "Gary" Kirke to pay 10 million dollars in a breach of contract case. Kirke was alleged to have entered into a contract with Sioux City businessman John Pavone and Signature Management Group, a firm owned and controlled by Pavone, to manage a casino in Emmetsburg. Kirke and Wild Rose Entertainment gave the position to another person. Kirke and Wild Rose contended that any agreements with Pavone and Signature Managment Group had not been finalized. Based upon comments by representatives of Kirke and Wild Rose, post trial motions and an appeal of the jury's decision are anticipated.
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