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Tygod suing the doctor who hastened Herbert’s ascension


FireChans
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1 minute ago, Mr. WEO said:

Tyrod should have had someone read him the procedure consent....

Agreed but those consents a decent lawyer could drive a truck thru.. just saying... I work in the med field and have talked to a few lawyers regarding them... however docs are covered by insurance which likely will settle... more about taking a shot across the bow of the doc publicly so others are warned...  

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He's on his 5th team in 6 seasons. The Giants just handed him over 8 million (minimum). There must have been at least 4 other doctors that have ended his career "as a starting QB". lol

 

Defense expert will testify to the obvious:  subsequent chest xrays showed resolution of pneumothorax and he could have played at that point.

 

Charger official will testify to the obvious: even knowing that TT was ready to play, he was replaced by an an infinitely better QB. 

 

Anyone with internet access will testify to the obvious: TT lost his starting to a job to a rookie after injury Week 3 Cleveland and again, due to injury, to  rookie in Houston week 2.  He has never entered free agency as a starting QB.

 

good luck !

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12 minutes ago, North Buffalo said:

Agreed but those consents a decent lawyer could drive a truck thru.. just saying... I work in the med field and have talked to a few lawyers regarding them... however docs are covered by insurance which likely will settle... more about taking a shot across the bow of the doc publicly so others are warned...  

 

 

just sayin...not necessarily true.  Plaintiff would have to prove he didn't sign the consent, he wasn't competent to sing, he was coerced to sign or he didn't understand the plain language of the consent.   If there was no consent and he just walked over and did a thoracic block, then there is a case.

 

Insurers don't like to settle cases like this.  Pneumothorax is a well known complication of this procedure.  TT would make an extremely unsympathetic witness in the jury box ($65 million and counting earned).  Plus, as I described above, he can't make an persuasive argument that his career as a free agent starter ever existed, let alone was harmed.

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23 minutes ago, Mr. WEO said:

Tyrod should have had someone read him the procedure consent....

 

23 minutes ago, Doc said:

$5M.  LOL!

This was really my bay signal to the unholy triumvirate to tear this apart.

 

Was not disappointed.

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14 minutes ago, Mr. WEO said:

 

just sayin...not necessarily true.  Plaintiff would have to prove he didn't sign the consent, he wasn't competent to sing, he was coerced to sign or he didn't understand the plain language of the consent.   If there was no consent and he just walked over and did a thoracic block, then there is a case.

 

Insurers don't like to settle cases like this.  Pneumothorax is a well known complication of this procedure.  TT would make an extremely unsympathetic witness in the jury box ($65 million and counting earned).  Plus, as I described above, he can't make an persuasive argument that his career as a free agent starter ever existed, let alone was harmed.

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

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Most malpractice insurance policies cap at $1mm per incident.  Maybe he has a higher limit due to the work he does with professional athletes. The max on the malpractice insurance is usually the max that will be settled for in a lawsuit.  Lawyers want the easy money, the insurance money.  Any verdict over that amount and they have to go after the doctor's personal assets and they almost never do that, it costs too much and takes too long. 

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17 minutes ago, FireChans said:

This was really my bay signal to the unholy triumvirate to tear this apart.

 

Was not disappointed.

 

?

 

5 minutes ago, BarleyNY said:

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

 

He would have to prove that he would have kept Herbert, the offensive rookie of the year in 2020, off the bench. 

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8 minutes ago, BarleyNY said:

$5M in lost wages would still be well within the backup QB range though. So he would not have to claim it cost him a starting QB contract, only a better contract as a back up. Also I am in commercial insurance and insurance companies almost always settle cases like this one. Last I saw only 7% of malpractice cases reached a jury verdict. Jury awards can be ridiculous so insurance companies avoid them in almost every instance. As long as TT’s lawyer has a reasonable expectation of what this suit is really worth, there will be a settlement. 

 

He is claiming it--in fact it is the basis of his lawsuit (explicitly they are describing this as the "loss" he suffered):  

 

"As he returned to free agency," the lawsuit contends, "he entered as a back-up quarterback as opposed to a starting quarterback. The economic difference between a starting quarterback's salary and a back-up quarterback salary is at least $5,000,000 and is more than likely much greater. The exact amount of such past and future loss is unknown to [Taylor] at this time, and he will ask leave of this Court for permission to amend this Complaint to set forth the total amount when ascertained."

 

Since he lost no wages in 2020 (he was paid 5 million whether he started the whole season or not),he is suing for the money he would have made as a "starter entering Free Agency".. This is also a dumb claim because as a free agent, the Giants had the option to make him their starter.  They didn't.   Prior to that, he lost his stating job in Houston--twice in one year--to a mediocre QB.  He cannot prove in court that he would have been signed as a starter anywhere, as the evidence proves he could not.  So his claim is baseless. 

 

Insurers will be inclined to settle if there is obvious egregiously bad care or deviation form standard practice and/or catastrophic outcome--a clearly indefensible case.

 

The lawyers are attacking the consent--as I said, it there was none then this gets settled on that alone (but for nowhere close to what he is seeking, because those damages don't exist).  If there was a consent then I bet this gets defended for the reasons above.

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