N.Y. Court Finds Med Mal Settlement Doomed by Failure to Put It on Record

Diarassouba v. Urban (full text of decision)

New York Law Journal

A New York judge’s refusal to allow the parties in a medical malpractice action to put a settlement agreement on the record in the moments before the jury read its verdict, as well as the defense counsel’s failure to acknowledge acceptance of the deal on the record, have resulted in the invalidation of the agreement. Instead, the jury’s award of a $1.45 million verdict — or nearly 10 times the amount the parties agreed to — must stand, a unanimous panel has ruled.