What is the process for appealing a medical device injury verdict?
The process for appealing a medical device injury verdict in Washington depends on the jurisdiction in which the trial occurred. Generally, a person wishing to appeal a medical device injury verdict must file a Notice of Appeal with the court within 30 days of the original verdict or the court’s order. The notice must include the parties involved in the lawsuit, the trial court’s case number, and the date of the verdict or order. Once the Notice of Appeal is filed, the court clerk notifies the defendant and their attorney that the appeal has been filed. The defendant must then file a written response, known as an Answer, to the Appeal. The Answer must include the reasons why the defendant believes the verdict should not be overturned. After the Answer is filed, the defendant can submit briefs to the court explaining why a new trial or other rulings should be made. The court then hears oral arguments from the defendant and plaintiff. During this stage, both parties have to explain why their perspective should be accepted by the court. Once both parties have had their say, the court issues a ruling. Depending on the court’s ruling, the defendant can either submit a Request for Rehearing or appeal the decision to the state Supreme Court. Ultimately, the state Supreme Court has the final say on whether the medical device injury verdict should be overturned.
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