Nevada Supreme Court Affirms Judgment on Jury Verdict

In 2015, Clark County jurors awarded Beau Orth $4,286,300 in a medical malpractice suit against Dr. Albert Capanna. Capanna was proven negligent when he operated on the wrong disc in Orth's spine, resulting in a loss of ability to play college football and causing him daily pain.

The jury verdict was appealed by Capanna who stated that Orth's counsel advocated for jury nullification and made golden rule arguments. On December 27, 2018, the Nevada Supreme Court affirmed the jury verdict and post-judgment orders regarding attorney fees and costs in Orth v. Capanna.

The court did not entertain the plaintiff's appeal of the district court’s ruling that NRS 42.021 (collateral sources allowed to be presented to the jury in medical malpractice cases) is constitutional based on their determination that Orth was "not an aggrieved party and therefore lacks standing to appeal from the final judgment.”

 

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