When Should a Trial Judge Disclose the Contents of a Mary Carter Agreement to a Jury?
Upper Chesapeake Medical Center, Inc. v. Kenyetta Lewis, et al ., No. 0679, September Term, 2023. Opinion by Reed, J. This appeal stems from a jury verdict reached in a medical negligence case in favor of Appellees Kenyetta Lewis and her child (“Appellees”). This verdict followed a twelve-day jury trial on medical negligence claims against Appellants, Upper Chesapeake Medical Center, Inc. (“UCMC”) and Dr. Arthur Morey (collectively “Appellants”). Lewis filed this suit against Appellants for a birth injury her child suffered in 2004. At the time, Dr. Morey was the obstetrician responsible for Lewis’ care at UCMC. As a result of the birth injury, Appellees sued the hospital for negligence due to errors made by its nurses and for vicarious liability due to Dr. Morey’s negligent actions. Prior to the start of opening statements, Appellees’ counsel revealed to the jury t...
