Section 998: Losing Plaintiffs Had To Pay Expert Witness Fees Of About $80,000 To Successful Defendants In Medical Malpractice Case

 

     Plaintiffs lost their medical malpractice/loss of consortium case against several defendants, and were then hit with about $80,000 in expert witness fees as costs because they did not beat defendants’ CCP § 998 offers. They argued principally on appeal, in Petrou v. Trites, Case No. B226747 (2d Dist., Div. 4 Dec. 13, 2012) (unpublished), that the offers were made in bad faith.

     That contention did not resonate with the reviewing court because plaintiffs had plenty of evidence available for purposes of evaluating the 998 offers. After all, the settlement offers were made after the defense brought summary judgment motions and after plaintiffs had time to develop/files their opposition to the dispositive motions. Given that posture, there was no bad faith attendant to the defense offers--they were made at a juncture of the case where plaintiffs had ample assessment opportunities. (Bates v. Presbyterian Intercommunity Hospital, Inc., 204 Cal.App.4th 210, 220 (2012) [discussed in our March 12, 2012 post].)