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Clerk's Order of Costs For Defendant In Medical Malpractice Suit Upheld

By FindLaw Staff on March 26, 2010 | Last updated on March 21, 2019

In Reger v. Nemours Found. Inc., No. 08-2875, the Third Circuit faced a challenge to the district court's approval of Clerk's award of defendant's costs following an entry of summary judgment against the plaintiffs in their medical malpractice suits for the death of their children.

As stated in the decision: "In Smith, we held that if the losing party can afford to pay, the financial disparity in the parties' financial resources seems to us to be irrelevant for purposes of Rule 54(d)."

Thus, in affirming the order, the court rejected the plaintiffs' claims that the district court should decline the award based on the enormous disparity of financial resources between the parties and the award would have a chilling effect on other plaintiffs who may have valid claims against the defendant and are considering litigation. 

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