Indiana Accident News

“Shadow Jury” Used During South Bend Medical Malpractice Case

Last week in St. Joseph Circuit Court, a medical malpractice trial began and ended in just a few days – halting suddenly when the defense and the prosecution agreed on an unreleased out-of-court settlement.

The case concerned then-2-year-old Jonas Lopez who suffered a severe brain injury in 2007 that left him brain damaged and in need of lifelong care. His family believes that the brain injury, which took place while the boy was in the care of a home nurse, could have been prevented if not for the partial negligence of Northern Indiana Health Care Company. The family sued the company for $10 million in damages, but after a medical expert and the boy’s tearful father gave their testimony, the trial was abruptly with a private settlement.

What was especially notable about this Indiana medical malpractice trial? During the testimony and attorney statements, six people in court were acting as “shadow jurors” – ordinary citizens hired by the prosecution to listen to the evidence of the case and report their feelings at the end of each day. These hired observers are becoming more popular around the country, especially in larger cities and for more important cases, but have not yet been seen in South Bend before now.

The judge was aware of the shadow jurors and allowed their presence as long as they did not interact with the official jurors.

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