There has been a growing trend throughout Louisiana for juries to award multimillion dollar verdicts, known as “nuclear verdicts,” in personal injury lawsuits. This article explores a few these more recent cases.
Valdivia v. Brock Industrial Services, LLC, 731,101 (19th JDC 02/28/25)
In Valdivia v. Brock Industrial Services, LLC, the plaintiff was awarded $394,500,000 for injuries sustained in an accident while working at the Lake Charles Refinery. Specifically, the plaintiff’s injuries included “pretty bad” central cord syndrome, which rendered him dependent on a wheelchair and necessitated months of inpatient rehab treatment. Additionally, the plaintiff was deemed permanently unable to work. The plaintiff incurred $594,890 in past medical expenses, meaning that the award of general damages was 663 times higher than the plaintiff’s medical expenses.
Tramble v. Briscoe, 22-C-10939 (27th JDC 09/23/24)
In Tramble v. Briscoe, the plaintiff (a paramedic) brought suit for injuries, including a traumatic brain injury, after the ambulance she was working in was involved in an accident. The plaintiff’s injuries resulted in a Judgment of Interdiction, as she had suffered physical and cognitive impairments that required round-the-clock care. The plaintiff was awarded $155,500,000 in general damages. This award was 147 times the amount of past medical expenses incurred, which was $1,053,176.
Marionneaux v. Alexander, 80,592 (18th JDC 01/16/25)
In Marionneaux v. Alexander, the jury awarded $18 million to the plaintiff for a lumbar injury that was treated with epidural steroid injections and a microdiscectomy surgery. The plaintiff was also recommended for a two-level lumbar fusion surgery and a possible adjacent segment fusion surgery. The jury’s award of general damages was 217 times the amount of past medical expenses, which were only $82,793.44.
Tibbs v. Hudson Ins. Co., 2022-2669 (15th JDC 12/12/24)
The lawsuit in Tibbs v. Hudson Ins. Co. was brought following a three-vehicle, rear-end accident in which the vehicle carrying the two plaintiffs was the middle vehicle.
The first plaintiff was awarded $4.75 million for a lumbar injury that was treated with three lumbar epidural steroid injections over the course of three months, and a two-level lumbar fusion surgery about one-and-a-half years after the accident. The general damages awarded were 22 times the amount of his medical expenses of $214,400.
The second plaintiff was awarded $5.5 million for a lumbar injury that was treated with four rounds of radiofrequency ablations over the course of a year-and-a-half, and where the plaintiff was recommended for a future two-level lumbar fusion. The award of general damages was 75 times the plaintiff’s incurred medical specials of $73,063.
Conclusion
Juries awarding nuclear verdicts is not a new phenomenon. States such as Texas, California, Florida, and New York have been leading this charge for the past decade. Unfortunately, Louisiana juries seem to be hopping on this trend, and there’s no indication that we will see a reduction of these multimillion-dollar verdicts any time soon.
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