Verdict
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Verdict

Approximately an hour later the jury reached a verdict. The verdict was read and in favor of Dr. Kagan. I was stunned. I couldn't help but wonder if the jury was even listening to the lengthy medical testimony or were they just too uneducated to understand it. Mr. Deratany immediately asked the court for a mistrial based upon Mr. Tarpey's improper closing arguments to the jury and the judge's refusal to properly respond. That request was denied.

At the time the verdict was read I felt like I was going to pass out and was holding back tears. I waited until the jury was excused back to the jury room and left the courtroom with my head up. I was not about to let Dr. Kagan and Mr. Tarpey see me in the pain that they caused me by misrepresenting the facts and being rewarded with a verdict in their favor.

Several days later the court received a letter from a juror's friend saying that I did not receive a fair trial and gave reasons for that opinion. A copy of the letter was sent by the court to Mr. Deratany and Mr. Tarpey. Mr. Deratany went before the court asking for a mistrial again which the court denied. Mr. Deratany asked the court for the opportunity to conduct a court supervised questioning of the jurors. I asked that the FBI be called to investigate, as I was told that that frequently happens when there is a questionable situation with a jury. The court had a hearing on the matter and at that time Mr. Tarpey stated that the letter could have been written by me or my family in a desperate attempt to overturn the verdict. Mr. Tarpey said that that explanation is plausible because "during the pendency of the lawsuit plaintiff has written letters to certain witnesses expressing her disappointment and disapproval with these witnesses upon learning of their testimony." He went on to say that I wrote a "very offensive and disturbing letter" to Dr. Caleel's office after he gave testimony and expressed his opinions. I found that accusation ridiculous in light of the fact that Dr. Caleel didn’t have any opinions in spite of his thirty plus years of being a surgeon. Mr. Tarpey's representations to the court were completely untrue. His statements slandered my family and me. Mr. Tarpey was once again able to attack me with his lies and distortions of the truth, and I was not even in the courtroom to defend myself against these ugly and false accusations. The court again denied Mr. Deratany's motion for a mistrial, as well as his request to conduct a court supervised questioning of the jury. Mr. Deratany filed a post-trial motion asking for a new trial based on seven different allegations of error in the court's rulings throughout the trial. That motion was also denied.

I was not surprised by the court's endless rulings against us during the trial and after. At the time that I learned my trial was assigned to Judge Lynn Egan, I was told by many attorneys who were familiar with her that she just came to the bench after being a defense attorney and that she is a defendant's judge. That was an understatement; it felt to me like Judge Lynn Egan was part of Dr. Kagan's defense team.

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