Medical Malpractice Mistrial Miffs Many

Jurors who had spent eight days hearing a medical malpractice case were stunned when it was declared a mistrial. All 15 jurors told the plaintiff’s attorneys that they would have found the physician responsible for the death of a child during delivery, according to a lawyer who polled them. Four hours after the mistrial was declared, 10 of the jurors submitted sworn affidavits declaring that superior court Judge S. Charles Wickersham repeatedly scratched the back of the defense counsel, former district attorney Paul Pfingst, while kicking the backsides of plaintiff’s lawyers, Nancy Sussman and Julie Parker.

Sussman has filed to have Wickersham removed from any retrial of the case. Also, Sussman has filed complaints with the California Commission on Judicial Performance and the city attorney’s office. Among her many complaints — also mentioned by jurors in their affidavits — was that Wickersham yelled at her in the presence of the jury, thus prejudicing her client’s case, and also slept during the trial.

On Tuesday, Wickersham recused himself from the case, although denying all of Sussman’s allegations of his misconduct. Wickersham noted that the most serious allegation was that he “colluded with counsel for the defendant in granting a motion for mistrial.” The judge noted that the allegations have “created a substantial doubt” on his capacity to be impartial.

Both Sussman and Parker smell a rat. Wickersham happens to be a friend of Mayor Dick Murphy. Last fall, the judge was randomly selected by computer to hear one of the election suits involving Murphy. Citing a “personal relationship” with Murphy, Wickersham recused himself. Later, all the superior court judges were recused.”

Several of the jurors said under oath that Wickersham slept at some points during the trial. Sussman said, in her official statements of disqualification of Wickersham, “Judge Wickersham has fallen asleep during the plaintiff’s case in chief. I have seen him do so at least four times in which his head nodded back.”

Thanks to Don Bauder and SanDiegoReader.com.