Court reduces

$500,000 legal
fee to $175,000

IN A precedent-sctting decision, a
B.C, Supreme Court judge his
chopped the $500,000 fee af a West
Vancouver medical miulpractice
lawyer to $175,000, The balance of
the money will go to a Kamloops
boy brain-damaged at birth at
Royal Infand Hospital over five
years Ugo.

By Brent Mudry
Contributing Writer

The decision surprised even the
lawyer for the Public Trustee, who
argued the fee. should be cut to
$242,000. .

The additional $325,000 will go
to cover the future care of Michael
Harrington, who was awarded $1.5
million in an out-of-court settle-

“ment on.June 4 on the eve of the
tial.

The child suffered brain damage
due to reduced oxygen flow for as
much as one hour before birth, after
a delivery room nurse allegedly
neglected to adequately monitor the

‘fetal heartbeat and the contractions
‘of his mother, Charisse Harrington.

Raymond MacLeod of West

Vancouver, one of the top malprac-

tice lawyers in B.C., claimed

$500,000 as his standard 33% con-
tingency fee, but the judge opened

a full-scale: review when questions

over.the adequacy of the settlement
emerged... ; ;

“Sure I'm disappointed; 1
worked on this case for five years,”
~MacLeod told the News.

»; Out-of-court settlements and
“legal fees -for infants must be
eapproved-as “fair and reasonabic™

by both the Public Trustee's office
-. and a Supreme Court judge.

- «Justice > Thackray - rejected

MacLeod’s claim of having spent

800 hours on the’ case. He calctulat-
‘ed 260. hours would have.been
-more reasonable. “A $500,000 fee
~.would result in the hourly rate of
“return to Mr. MacLeod being near-

Jy $2,000 an hour,” the judge noted.
“Public ‘trustee lawyer, Batry
“Kirkham submitted /that if, Mr.

“MacLeod was found %o have spent

- 400 hours the hourly/rate would be

$1,250,"

He said that even this is exces-
sive and unreasonable,

Under cross-examittition in the
seven-day court review which stirt-
ed hast dune and ended on dan. Ut,
MaeLead chimed he spent 600 of
his SOQ hours researching a red-her-
ring theory inthe medical libri

“Pam of the opinion that to find
he spent up to 60 hours in medical
libraries is a generous estimate,”
noted Justice Thackray, a former
Jawyer for the Canadian Medical
Protective Association (CMPA),
which insures doctors.

MacLeod testified the research
amounted to four month's work
full-time, ata time when he had 30
more active and significant mal-
practice cases. “Surely, that's exag-
gerated,” Kirkham asked in cross-
examination. “Absolutely not,”
MacLeod responded.

“Such a time expendiiure is par-
ticularly implausible in the case of
MacLead who is steeped in back-
ground with respect to brain-dam- -
aged newborns,” Justice Thackray
noted,

Malpractice suits are among the
most difficult to win and are heavi-
ly fought by insurers.

MacLeod noted only one third
of malpractice suits in Canada suc- .
ceed. He told the News that CMPA ©
lawyers note that in this type of
bisth injury case fewer than 25% ©
succeed. :

MacLeod said the Harrington
$1.5 million settlement was the
highest he’s seen in Canada for a
similar case, with the previous level
at $1 million. a, ;

“If the plaintilf had been entire-
ly successful at trial the award
would have exceeded $3 million,”
testified CMPA lawyer David
Webster.

In his closing. submission on

Jan. 11, Public Trusice lawyer

Kirkham proposed a sliding scale
be adopted by the B.C.:Supreme
Court in infant settlements, which
would have given MacLeod a
$242,533 fee.

MacLeod has not yet decided
whether to pursue an appeal of the

judge's decision.

eee
ea Say

‘America’s HE ski resort.

abe ed

(iy Suse wes

The Aspens — “Hailside on Blackcomb is hor property Phase 1 sold‘out before the se, Son even

began, We'd like to show it off so you're invited to the Grand Opening, and presale of Phase 2; Don’t

miss out this time, Vhis ts your chance to get the best located one and two bedroom suites in North
Nothing Compares. This is the only affordable on mountain ski location in- Whistler. Roomy one!

bedrooms start at $156,000. Comparables in the Valley? There are none. Vhis is prime skt-in, ski-out

mountain{ront property. . : : vs . ree
A short stroll away is all the excitement of Blackcomb —The Village, Restaurants, Golf Swimming.

Year round vacation heaven. The Aspens comes complete with an outdoor pool-to splash inga hot tub to

soak in and breathtaking views to take in. uA

Our display suite is now open. Ski up and join us fora ‘hot cider. These additional homes will sell
out, so hurry: Call John Ryan, Paul Woodside, Warren MeLeod or Phil Goddard ar the Whistler Real!
Eseate Company at (60-4) 932-5538 or from Vancouver toll free at 681-6627. Ski into our home opener,

uf : : rhe

AN EXTRAORDINARY BUACKCOM B DEVELOPMENT

Trailside
(0H Blackeombs

°Shiin fora visit.

Fy