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Bigger judgment sought in Arkansas brain surgery suit

By The Associated Press

This article was published December 6, 2012 at 12:33 p.m.

— A couple wants the Arkansas Supreme Court to restore a $20 million judgment against an insurer for Arkansas Children’s Hospital for damage caused by a doctor operating on the wrong side of their son’s brain.

Lawyers for the family of Cody Metheny argued Thursday that a judge shouldn’t have reduced the award from $20 million to $11 million.

An attorney for Proassurance Indemnity Co. argued that justices should order a new trial so a jury could consider whether doctors involved in the surgery should be assessed blame, which could result in a lower award against the hospital’s insurer.

The family’s lawyers say it will cost millions of dollars to care for Cody, who was 15 at the time of the surgery.

Read tomorrow's Arkansas Democrat-Gazette for full details.

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