According to an article in Missouri Lawyers Weekly, a Jackson County jury recently found for the defendant doctors in a medical malpractice claim for failure to diagnose Plaintiff’s appendicitis, causing the appendix to perforate, leading to peritonitis. Fortunately for the Plaintiff, she had already received a settlement from other doctors who have provided care to her from this incident. At trial, the defendant doctors pointed to the empty chair defendants.
It might have made sense to settle out with the other defendants in this case. We don’t know what the numbers were. But a trial is a search for blame and it is always easier for a jury to blame someone who is not in the room.