One Voir Dire Question, One Record Verdict, with Victor Pribanic
Episode Summary
A “completely defensible” gallbladder case the defense refused to settle became the second-largest verdict in Jefferson County in 222 years. Returning guest Victor Pribanic explains how he won $1.5 million in all non-economic damages for Sandra Whisman, a 47-year-old whose surgeon transected her common hepatic duct. With host Brendan Lupetin, Pribanic breaks down the tools behind the win: one voir dire question that surfaced jurors’ expectations of a surgeon, custom surgical animations tied to the medical record, an opening that teaches rather than argues, a cross that trapped the defense expert, and a “man in black” closing on damages. Tune in for a masterclass in surgical malpractice trial strategy, from voir dire to verdict.
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- The defense called this gallbladder case “completely defensible” and made no offer; Pribanic took it to trial in Jefferson County, where defendants were counting on the local trend of low verdicts.
- Dr. Denny Tang, the surgeon, insisted he had only cut the cystic duct and blamed “aberrant anatomy” — even though the common hepatic duct was transected and the common bile duct clipped.
- One voir dire question — what do you expect of your surgeon? — drew out a juror’s “magical answer” that Pribanic turned into a resonating theme for the whole case.
- Custom courtroom animations, edited 15 times and tied to the medical record, showed jurors the “critical view of safety” and exactly how the surgery should have been done.
- Following David Ball’s approach, Pribanic structured an opening focused on teaching rather than arguing and put his “cross-proof” client on the stand as the very first witness.
- On cross, Pribanic had Dr. Tang write three undisputed facts in his own hand — including dissecting at least an inch of cystic duct — making the surgeon’s story impossible.
- The defense expert, sequestered and unaware of Dr. Tang’s testimony, contradicted the defendant on the stand; the jury returned $1.5 million, 11–1 in favor of the plaintiff.
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