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IOWA CITY, Iowa (AP) — Investigators confirmed Friday they are looking into an unusual claim of jury tampering in a medical malpractice trial in which University of Iowa Hospitals and Clinics recently avoided millions in damages.
After a three-week trial, a Johnson County jury ruled Feb. 23 that the hospital was negligent in caring for a mother who suffered complications before giving birth in 2010. But jurors found that negligence was not a cause of damage to the girl— who suffered brain damage and is severely disabled — and awarded no compensation to the family.
Days after jurors returned the verdict, the court received a letter March 3 making allegations of jury tampering. The next day, the attorney for parents of the girl filed a motion for a new trial.
Jury tampering is the crime of attempting to influence jurors through improper means such as bribes, threats and other interference.
District Judge Chad Kepros has kept details of the allegations secret while they are investigated. He provided copies of the letter to the attorneys involved, but ordered that it be kept under seal and under the highest security level in the state's electronic court filing system, records show.
Kepros also ordered the parties and their attorneys not to have any contact with 10 jurors and alternates and not to mention in public filings "any detail concerning the correspondence referenced herein." In a March 4 filing, he said he would not rule on the request for a new trial until the investigation is complete.
Sheriff Lonny Pulkrabek's office confirmed Friday its investigation into the claims remains active. Lt. Doug Gwinn said that he is waiting for the results of lab testing, is still seeking certain records and plans to do more interviews. He declined further comment, saying the release of additional information would harm the investigation. He said the letter was not a public record.
One expert said Friday that allegations of jury tampering in civil cases are incredibly rare.
"I've never heard of it in Iowa. You hear about it in other states, but it could happen especially with that kind of large verdict in play," said Andrew Hosmanek, an expert on corporate and business law who teaches at the University of Iowa. "You certainly hope it's not true but it ought to be looked into."
Martin Diaz, an attorney for plaintiffs Jill and Robert Todd of Tama and their now five-year-old daughter, also declined comment.
In court filings, he had asked jurors to award up to $7.5 million for a life care plan for the girl, $1.4 million in lost wages, and unspecified damages for the family's pain and suffering.
At issue was whether UIHC doctors and medical staff provided proper care to Jill Todd in November 2010, and if not, whether her baby's injuries were caused by their negligence. Any damages would have been paid by taxpayers or the insurance for the group medical practice representing university doctors, not individuals.
As is normal in such cases, the state attorney general's office defended the hospital and its staff while a private Iowa City law firm represented the doctors. They argued the care was proper and the girl's injuries were unrelated to any alleged negligence.
Diaz argued that UIHC employees should have discovered that Jill Todd was suffering from uterine bleeding and performed a cesarean section sooner, possibly preventing the child's "catastrophic injuries."
After two days of deliberations, the jury returned a 7-1 verdict finding UIHC was negligent but that wasn't "a cause of damage" to the child.
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