INSTALAWYER has an lengthy email from a former juror regarding a medical malpractice case. Having served on a jury myself in a tort case (one far less complex than this one) it rings true. Best part, though, is InstaLawyer’s observation at the end:

By the way, the first thing I thought when I read the facts of the case was: How can this lady not know she’s pregnant, regardless of what the doctor’s office said. An obvious tragedy — losing a child — but what did she think that moving lump in her belly was? Too many burgers? I would have turned the case down on that point alone.

While there are lawyers out there who’ll take anything that walks in the door, my own observation on contingent fees has been that they make many plaintiffs’ lawyers reluctant to take cases that are far from frivolous. Many of the frivolous cases (e.g., the McDonald’s fat case) are really brought on grounds of ideology rather than profit.