What is the process for appealing a medical device injury verdict?
The process for appealing a medical device injury verdict in California depends on the nature of the appeal. If the plaintiff (or their attorney) believes an error was made in the trial court, their appeal is taken to the California Court of Appeal. This court will review the case documents and transcripts to determine whether any errors were made. If any errors were discovered, the appeal can move to the California Supreme Court, which is the highest court in the state. If the plaintiff believes the damages they were awarded in the verdict were insufficient, they can try to negotiate out-of-court with the defendant. If the defendant refuses to provide more funds, the plaintiff can file a motion for a new trial, which is called a “motion for modification of judgment.” This motion can be filed in the original trial court and the plaintiff can present new evidence in order to receive a higher verdict. Finally, the plaintiff or defendant can take the appeal to the federal level, where it is heard in the U.S. District Court. The District Court will review the case documents and testimony to determine whether any errors were made in the original trial. If the court finds that errors were made, the appeal may be sent back to the state court. In any case, the process for appealing a medical device injury verdict can be difficult and complex, and it is recommended that the plaintiff and their attorney consult an experienced medical device injury attorney. This professional can help guide the plaintiff through the legal process and ensure they receive the justice they deserve.
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