A Washington State Appellate Court held that a trial court had not abused its discretion in allowing a juror with a connection to the defendant doctor to serve on a jury in a medical malpractice case.
In this case, a child and his parents sued the obstetrician, Dr. Kevin Harrington, alleging his negligence during the child’s delivery, which led to his brachial plexus nerve injury.
The family of the child sought to exclude various prospective jurors for cause, claiming they had a child delivered by the defendant physician, including Juror 25. Although the court excused several of the jurors, Juror 25 ultimately served in a jury, which returned a verdict for the defendant physician. The family of the child appealed from this verdict.