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GRIMSTEAD v. BROCKINGTON

No. 130, September Term, 2007.

10 A.3d 168 (2010)

417 Md. 332

Joyce GRIMSTEAD v. McNeal BROCKINGTON.

Court of Appeals of Maryland.

December 17, 2010.

Attorney(s) appearing for the Case

Benjamin Rosenberg ( Andrew H. Baida of Rosenberg, Martin, Greenberg, LLP, Baltimore, MD; Gary A. Wais of Law Offices of Gary A. Wais, Owings Mills, MD), on brief, for petitioner/cross-respondent.

Jessica L. Ellsworth (Hogan & Hartson LLP, Washington, D.C; Mark D. Gately of Hogan & Hartson LLP, Baltimore, MD), on brief, for respondent/cross-petitioner.

Argued before HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE (Retired, Specially Assigned), LAWRENCE F. RODOWSKY (Retired, Specially Assigned), IRMA RAKER (Retired, Specially Assigned), and ALAN WILNER (Retired, Specially Assigned), JJ.

JOHN C. ELDRIDGE (Retired, Specially Assigned), J.

This is a medical malpractice action in which the plaintiff, Joyce Grimstead, was awarded $1,959,195, based on the failure of the defendant, Dr. McNeal Brockington, to correctly diagnose and treat her cancer. At the conclusion of the evidentiary portion of the trial, the judge instructed alternate jury members to attend the jury deliberations without participating. During jury deliberations, two of the original jury...

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