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PorkyWallace t1_jaaz8ed wrote

They settled because if this went to a jury, it would most likely be composed of Reddit poster-types, who hate UPMC and other big corporations and love playing Monopoly with other people's money. "Yeah, $25 million for pain & suffering and $250 million in punitive damages. Why not?"

There is always that risk and so settlement often makes sense.

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TarryHillis t1_jac0j99 wrote

Well, it was a False Claims Act suit about UPMC billing CMS for the services of a physician who physically could not have provided them, thus defrauding the federal government and endangering patients. The only damages available under the FCA are mandatory — not discretionary — treble damages for payments made by the government and mandatory civil penalties for each false claim. There are no pain & suffering damages, and punitive damages are not available. I’m gonna go out on a limb and say you have no clue what you’re talking about.

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PorkyWallace t1_jaedf1h wrote

If it was such a slam dunk, why would the government permit a settlement?

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TarryHillis t1_jaeha5y wrote

I’m not saying it was a slam dunk. I’m saying you have 0 idea what you’re talking about by averring that a runaway jury would award damages that don’t exist in this type of case.

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dlppgh t1_jadistk wrote

lol - incredible response...as in, hard to believe you responded this way

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PorkyWallace t1_jaebkw2 wrote

You obviously don't have experience with juries of your peers. The vast majority are of lower income (and usually lower intelligence). It makes them feel important to give away money that is not theirs. They almost always sympathize with anyone who is suing a corporation of someone else with deep pockets. You can only exclude/strike so many jurors from a trial. A majority of those on a jury like this will be people with an axe to grind and who have nothing better to do (ie. retired, not working, etc).

They see no problem with handing out ridiculous jury awards to people.

When ambulance chasers want to certify a class action, they engage in something called Docket Shopping. They find one "victim" in some bumf--k West Virginia county and file the suit on that person's behalf in that county. All other "victims" nationwide are then added to that class, which will go to trial in that county.

Naturally, those with deep pockets will settle, as some county juries routinely award $100 million here, $300 million there.

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dlppgh t1_jaeqr11 wrote

lol, sure

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PorkyWallace t1_jaf37po wrote

LOL, I guess the Supreme Court is going to make you have to pay back your student loans, huh?

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