Thomas Baird, Below v. Frank R. Owczarek, M.d., Eye Care of Delaware LLC, and Cataract and Laser Center, LLC, Below

Summary

The court reversed the defense verdict because the trial judge failed to investigate allegations that a juror conducted internet research in violation of a direct instruction, creating a rebuttable presumption of prejudice. The court also held that informed-consent evidence was inadmissible because the plaintiff had withdrawn his informed-consent claim and the evidence was irrelevant and confusing in the remaining medical-negligence action. The case was remanded for a new trial.