16. Jury Trials

• Pages: 325-339
• Author: Samuel L. Tarry Jr.,Mark E. Anderson

16

Jury Trials

Samuel L. Tarry Jr. and Mark E. Anderson1

Although jury trials have become less frequent, litigators must

still understand and prepare for what will happen if a case does

go to trial—and be able to advise their client accordingly. Infec-

tious disease lawsuits can involve some unique issues for trial,

especially with respect to evidence of causation and damages.

This chapter overlays the unique aspects of infection disease lit-

igation on top of the more standard trial tasks and strategies, in

order to provide the practitioner with a better strategic focus in

preparing for trial.

All too often regarded as something to avoid by most plaintiffs

and defendants alike, a public trial can serve important societal

purposes and provide each side with intangible outcomes not always

achievable through settlement. For a defendant accused of causing or

exacerbating an infectious outbreak, a public trial might deliver the

chance to correct inaccurate reporting and restore the defendant’s

good name. For plaintiffs, a public trial offers the therapeutically

1. Sam and Mark are litigation partners at McGuireWoods LLP and leaders in the

rm’s trial practice steering committee. Mark is a fellow in the American College

of Trial Lawyers.

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