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Civil Procedure Keyed to Yeazell
Monfore v. Phillips
Citation:
778 F.3d 849 (10th Cir. 2015)Facts
Sherman Shatwell sought medical care for neck pain, and tests revealed he likely had throat cancer that required immediate treatment. Due to various errors, this information was never communicated to him, and he was instead prescribed antibiotics and sent home. A year later, when he finally learned of his cancer, it was too late for effective treatment, and he subsequently died. His widow pursued negligence claims against multiple medical providers, including Dr. Phillips. Throughout twenty months of pretrial proceedings, all defendants maintained a unified front, denying any negligence by anyone. Two weeks before trial, some defendants settled, but Dr. Phillips did not. With trial imminent, Dr. Phillips sought to amend the final pretrial order to change his defense strategy, wanting to introduce new jury instructions, exhibits, and witnesses to argue that the settling defendants were negligent and responsible for damages. The district court denied this motion, and the jury ultimately found Dr. Phillips liable for damages exceeding $1 million.
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