This doesn't seem quite accurate. The Federal law in question
provides for an award of attorneys fees and costs; so the money did
not come out of the pool available to the Gavegnano, it was in
addition to the money she would have been entitled to.
It's also a bit misleading to think that the attorney walked away
with $16k. Costs, especially if a medical expert was retained, can
easily approach 10k, depending how far along this case was, how many
depositions were transcribed, whether there was a mediation, etc. At
this point, filing fees alone approach $500.
-Zeb
On Feb 24, 2010, at 12:08 PM, Rob Alexander wrote:
Seriously! :-) The thing that gets me is that, even if you accept
that she was wronged (and that seems less than certain), the
injured party walked away with $5,000 in her pocket and the lawyer
walked away with $16,000. The only one who really came out ahead
was the lawyer. Our tort system is totally screwed up.
Rob
Gavegnano's settlement was divided between her and her lawyer, with
$16,000 going to attorney's fees and legal costs, while $14,000 was
designated for her medical expenses and the remaining $5,000 for
lost salary as a graduate assistant and "non-economic damages."
Half the money came from the college's budget and the rest from a
state insurance fund, Ross said.
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