At 10:00 the Court will hear Patrina Reynolds v. Allied Emergency Services.
On March 26, 2007, Patrina Reynolds was treated by Dr. Paul Bracey at St. Dominics on March 26, 2007 for stomach pain. She was diagnosed with colitis. Dr. Bracey prescribed an antibiotic and pain medication and instructed her to follow-up with a gastrointestinal physician in the following days. On April 6, 2007, Ms. Reynolds came back to the St. Dominic Hospital emergency room suffering from significant facial swelling – angioedema related to a blood pressure medication (Lisinopril). The swelling became so severe that the pressure on the optic nerve caused her to become blind and affected other parts of her body and ultimately resulted in a bowel perforation which caused additional complications.
Before trial the parties entered into a high low agreement under which Ms. Reynolds would receive a specific amount regardless of the jury’s verdict, while the defendants’ exposure was limited to a specific amount, regardless of the jury’s verdict. The agreement that was ultimately reached specifically stated that the “ultimate high, low, or any verdict amount in between will be paid within 10 days of the conclusion of trial” and that “no party will retain any appeal rights.”
At trial, the judge read the instructions but the bailiff handed the jurors the wrong set of instructions and they received the set requested by the defendants. Reynolds argues that because of this mistake, she should be permitted to appeal notwithstanding the agreement between the parties.
Allied Emergency Services’ brief
Reynolds’ reply brief
Watch the argument here