In an post here the author Brent Adams sums up my thoughts:
If we are all to be afforded a right to trial by jury when important issues arise, then we, as citizens, must take our turn to serve as jurors when others are involved in important issues which must be decided by a jury.
The desire to ensure the right to trial by jury for all citizens is one of the major reasons our great country was founded. Our forefathers established from the outset that as free people, we would all have the right to trial by jury on all important issues concerning our personal liberties and freedoms and in matters involving disputes between and among citizens.
In the United States, we don’t leave it up to the lawyers and the judges to make decisions on these issues; instead, we select juries at random from members of the community at large to sit together and make these important decisions. As jurors, you have perhaps more power than you will ever have. You have the power to right a wrong and to ensure that our judicial system works properly. If we do not have wise and thoughtful jurors to decide issues fairly and accurately and in accordance with the law, it doesn’t matter how good our judicial system looks on paper or how well the laws are written.
The next time you are chosen to sit on a jury, consider the privilege you have as a citizen and perhaps your jury service will not seem so burdensome.
I had the privilege to be a part of this process this past month. I mean that sincerely and not sarcastically believe it or not. I believe it is our responsibility, our duty, and our privilege to serve jury duty so when I got my questionnaire in the mail I had a desire to be chosen- and I was. On Monday the 7th I appeared at the Matheson courthouse for jury duty. After answering a series of questions over 3 hours, the jury panel of approximately 45 was whittled down to 8 jurors and an alternate. I happened to be the 23rd person in line and was juror number 8.
For the next 6 and a half days we learned everything we ever wanted to know about Anoxic Brain Injuries, hypoxic and esceimc events, Thorasic Outlet Syndrome, tetanic contractions, myochardial infarctions, ejection fraction, troponin levels, the effects of epinephrine, somatization disorder, and the civil litigation process in general. Oh it was interesting!
I could talk for hours about all that transpired (ask mom or hubby or co-workers) but the short version is this. In January 2007 a 20 year old woman had an allergic reaction to Tylenol with Codine and came to St. Mark's ER where she was given epinephrine by IV rather than the prescribed subcutaneous route. Her experts said she had a heart attack which lead to both a contraction in her back which has caused lasting back and neck problems, and also lack of oxygen to the brain which has led to brain damage to her frontal lobes and she will no longer be able to have competitive employment, attend college, or make normal, logical decisions. We were asked to award damages for lost past and future wages and benefits, for medical expenses past and future and for loss of enjoyment of life - all adding up to $5,700,000 and change.
The defense brought experts who showed us normal test after normal test. They showed that this woman had a history of complaints of pain- bad enough to take her to the doc and complain of 11 out of 10 on the pain scale. She has been on prescribed narcotics since high school. And so on and so on.
When it came time to deliberate, we found that there was no evidence that the epinephren accident at the hospital caused the injuries she was claiming. As foreman I had to speak to the judge when we went back to the courtroom and even though I know we followed the law and gave the right decision, I still felt horrible. There were those niggling thoughts of "what if we were wrong?" "What would the judge have decided- he's more experienced?" "Who are we to make this kind of a decision? We're not doctors!" However, it is the plaintiff's lawyer's responsibility to prove injury and he didn't so I feel that we did our job.
Though we awarded her no money, I do feel really terrible for this girl. She's 24 (we never met her since she didn't testify or come to court) but for the past 4 years she's been told that she has brain damage and that the hospital has caused all her pain and that she won't be able to function in life going forward without a personal assistant and constant supervision. She believed that she would get a settlement that would set her for life, and according to testimony, she has NOT BEEN TREATED in 4 years for her substance abuse problems or her mental issues!!! I'm angry with her parents who spent more time on the litigation than on caring for their daughter. I truly hope that they will now move forward and get her help and therapy and that this whole process won't be self-fulfilling for her and she will turn out to be unable to function in life ever.
I have to admit, I've been wanting to serve on a jury ever since a co-worker of mine in some situation was talking about what an honor and privilege it is to be a part of this legal system. I wanted to be a part of the process and I truly do feel that it was a pleasure and a priviledge to serve. Our jury of 8 plus an alternate consisted of 7 of the nicest women and 1 of the most gentlemenly men I've met. They were a pleasure to get to know. When you spend time with a group of people for 6 days but can't talk about what you are gathered together for, you end up learning a lot about each other's history and lives and jobs and families. I actually find myself thinking of these 8 people I met wondering if they are thinking of ths trial still and how it has changed their outlook on life - if at all. I'm wondering if Tina and her husband have received a mission call. And I'm wondering how Donna's ornaments turned out as wonderfully as she hoped (her school class was making ornaments for the national tree in Washington!).
Two final observations: I'd like to be an expert witness- they make around $1200 per hour! And Judge Anthony Quinn sounds just like Kevin Costner -also my OB is named Quinn- I wonder if they are related.
And PS - mom got a yellow postcard just like mine. She has to call in this Friday to see if she needs to appear. Wouldn't it just be a conicidence if she was actually on a sitting jury this close to my experience? When will she get her Christmas shopping done???
