Top Individual Medical Malpractice Verdicts and Settlements

The 20 largest individual personal injury results for medical malpractice cases on record here, ranked by amount: one client's, one family's, or one incident's recovery, never a pooled fund. Each links to the full story, the firm, and the record behind the number.

  1. $951 millionVerdictNot collectableUT

    Utah Judge Awards $951 Million Over Botched Delivery at Steward-Owned Jordan Valley Medical Center

    A Utah judge entered a $951 million default judgment against Steward Health Care after newly trained nurses, an excessive Pitocin drip, and a delayed C-section at Jordan Valley Medical Center left a newborn permanently brain damaged.

    After trial: Steward Health Care, the defendant, filed for Chapter 11 bankruptcy in May 2024 amid the collapse of its hospital chain. After the August 2025 verdict, attorneys for the family said it was uncertain whether they could ever collect and were hoping to recover at least the roughly $475 million awarded in punitive damages.

    Claggett & Sykes Trial Lawyers2025 · Third District Court, Salt Lake City, UtahRead the full story →
  2. $366 millionVerdictReduced from $524 millionNV

    $524 Million Verdict Against UnitedHealth Subsidiaries Over a Hepatitis C Outbreak

    A Clark County jury ordered Health Plan of Nevada and Sierra Health Services to pay $524 million after finding the UnitedHealth Group subsidiaries negligently credentialed a gastroenterologist whose unsafe injection practices at his Las Vegas endoscopy clinics caused the largest medically caused hepatitis C outbreak in American history.

    After trial: In September 2013 the trial court reduced the $524 million jury award to about $366 million on post-trial motions. Health Plan of Nevada appealed in December 2013, and no source confirms how that appeal was finally resolved.

    Eglet Law2013 · Clark County District Court, Las VegasRead the full story →
  3. $330.07 millionVerdictReduced from $2.23 billionNot collectableMO

    Kansas City Jury's $2.2 Billion Verdict Over Diluted Chemotherapy

    Georgia Hayes, a Kansas City area ovarian cancer patient, sued pharmacist Robert Courtney after learning he had diluted the chemotherapy drugs used in her treatment. A Jackson County jury found Courtney liable and awarded Hayes $225,571,439 in compensatory damages and $2 billion in punitive damages, the first of hundreds of similar suits against Courtney to reach trial. The trial judge later found the award excessive and cut it by remittitur to $330,071,439, and that reduced judgment stood. Hayes herself and the case reporter covering the verdict both said she was unlikely to ever collect a significant portion of it.

    After trial: Reduced by remittitur. The judge cut the jury's punitive award, leaving a $330,071,439 judgment that stood, and no appellate decision disturbing it has been reported.

    Ketchmark & McCreight, P.C. and Davis, Bethune & Jones, L.L.C.2002 · Circuit Court of Jackson County, Missouri (Kansas City)Read the full story →
  4. $307.6 millionVerdictOn appealNot collectableMI

    Detroit Federal Jury Awards $307.6 Million Over a Denied $919 Surgery

    A Detroit federal jury awarded former Michigan inmate Kohchise Jackson $307.6 million after the state's for-profit prison health contractor refused to pay for the $919 surgery that would have reversed his colostomy.

    After trial: Post-trial motions and an appeal are pending, and collection is seriously at risk: Corizon reorganized into Tehum Care Services, which filed for bankruptcy, leaving corporate-veil and bankruptcy-stay questions unresolved.

    Marko Law Firm2026 · U.S. District Court, Eastern District of Michigan (Detroit)Read the full story →
  5. $268.6 millionVerdictTX

    Jury Awards $268 Million After Medical City Gave a 13-Year-Old Girl a Fatal Propofol Overdose

    A Dallas County jury returned one of the largest medical-malpractice verdicts in the country after a teenager with cerebral palsy died at Medical City Dallas when hospital staff administered multiple times the appropriate dose of the anesthetic propofol following a routine airway procedure.

    After trial: According to trial counsel Charla Aldous, the case settled confidentially while the jury was still deliberating punitive damages, so no final punitive-damages figure or appealable judgment was ever entered. As part of the resolution the hospital's CEO personally apologized to the family and propofol's manufacturer added a warning to the drug label.

    Aldous Law2000 · Dallas County, TXRead the full story →
  6. $216.8 millionVerdictFL

    $216.8 Million Verdict for Stroke Patient Misdiagnosed as Sinusitis

    A Hillsborough County jury awarded $216.8 million to Allan Navarro after an emergency room misdiagnosed his stroke as sinusitis, leaving him permanently paralyzed. It was the largest medical malpractice verdict in Florida history at the time.

    After trial: The case settled confidentially in March 2007, before appellate review.

    The Yerrid Law Firm2006 · Hillsborough County Circuit Court, Tampa, FLRead the full story →
  7. $207.6 millionVerdictPA

    Kline & Specter Wins Appeal Preserving Record $207.6 Million Birth Injury Judgment Against Penn Hospital

    A Philadelphia jury found the Hospital of the University of Pennsylvania liable for the brain injury a newborn suffered when staff delayed a cesarean section, a $182.7 million verdict that grew to a molded judgment of about $207.6 million, the largest medical malpractice award in Pennsylvania history. Kline & Specter argued and won the appeal, where the Pennsylvania Superior Court affirmed the full $207.6 million judgment in July 2025.

    After trial: The jury awarded $182,737,791, and the trial judge added about $24.9 million in Pennsylvania Rule 238 prejudgment interest, bringing the judgment to $207.6 million. Pennsylvania's Superior Court unanimously affirmed the full judgment on July 10, 2025.

    Kline & Specter, PC2025 · Philadelphia County, PARead the full story →
  8. $207.6 millionVerdictPA

    $207.6 Million Verdict for Child Born With Cerebral Palsy After Penn Hospital Delayed C-Section

    A Philadelphia jury returned a $182.7 million verdict, later reaching $207.6 million with interest and upheld through the Pennsylvania Superior Court in July 2025, against the Hospital of the University of Pennsylvania for a 45-minute delay in performing a C-section on a mother with a known uterine infection, leaving her child with permanent cerebral palsy.

    After trial: The Pennsylvania Superior Court unanimously affirmed the $207.6 million verdict in full on July 10, 2025, rejecting the hospital's arguments on vicarious liability and remittitur. Reargument was denied that September, and it remained unclear whether the hospital would seek further review from the Pennsylvania Supreme Court.

    Gilman & Bedigian2023 · Court of Common Pleas, Philadelphia County, PARead the full story →
  9. $172 millionVerdictNY

    $172 Million Bronx Verdict After EMTs Arrived Without Oxygen or Defibrillator and Told Family to Wait

    Thomas Moore won a $172 million jury verdict in Bronx Supreme Court for a woman left with catastrophic brain damage after FDNY EMTs responded to her 1998 cardiac arrest without essential equipment and advised her family to wait for a second ambulance instead of transporting her immediately.

    After trial: No appellate decision is on the public record; the headline number was never tested on appeal.

    Kramer Dillof Livingston & Moore2014 · Bronx Supreme CourtRead the full story →
  10. $135 millionVerdictMI

    A Botched Scoliosis Surgery, 10 Days of Delay, and a $135 Million Verdict

    After spinal surgery at the Detroit Medical Center's Children's Hospital of Michigan left a 10-year-old girl partially paralyzed and permanently incontinent, and her surgeon took two vacations before the hardware came out, a Wayne County jury awarded $135 million.

    Fieger, Fieger, Kenney & Harrington, P.C.2018 · Wayne County Circuit Court, Detroit, MIRead the full story →
  11. $130.57 millionVerdictReduced after trialMI

    $130.5 Million Verdict for Infant Brain Damage After Beaumont Hospital Delayed Code Blue

    An Oakland County jury awarded the Tran family $130,571,897 in 2018 after finding that Beaumont Hospital technicians failed to call a code blue or provide chest compressions when a two-month-old infant suffered a breath-hold spell during a renal scan, leaving him with permanent brain damage and cerebral palsy.

    After trial: Subject to Michigan's cap: the jury returned $130.57 million in September 2018, and the award was expected to fall to about $49 million under the state's noneconomic damages cap. Beaumont said it would appeal; no entered judgment, appellate ruling or settlement has been reported.

    McKeen & Associates, PC2018 · Oakland County Circuit Court, MIRead the full story →
  12. $130 millionVerdictReduced from $130 millionNY

    $130 Million Verdict Against St. Charles Hospital for Birth Injury

    A Suffolk County jury awarded $130 million to a girl who developed cerebral palsy after oxygen deprivation during her 2002 delivery at St. Charles Hospital, after Thomas A. Moore of Kramer, Dillof, Livingston & Moore tried the case three times; appellate review later cut the pain and suffering award to $4.25 million, and the firm reports the case resolved for $13.6 million in cash plus lifetime Medical Indemnity Fund coverage.

    After trial: Reduced post-trial and on appeal: pain and suffering set at $4.25M (143 AD3d 692, 2d Dept 2016); per the firm, resolved for $13.6M cash plus lifetime Medical Indemnity Fund coverage.

    Kramer Dillof Livingston & Moore2013 · Supreme Court, Suffolk County, NYRead the full story →
  13. $120.9 millionVerdictMI

    Wayne County Jury Awards $120.9 Million in Birth Injury Case Against Henry Ford Hospital

    A Wayne County jury found Henry Ford Hospital negligent for a delay of over two hours in executing an ordered emergency C-section, awarding $120.9 million to a Detroit mother and her son, who was left with severe cerebral palsy and requires full-time care.

    McKeen & Associates, PC2024 · Wayne County Circuit Court, MIRead the full story →
  14. $120 millionVerdictNY

    $120 Million Verdict for Woman Brain-Damaged After Three NYC Hospitals Missed Stevens-Johnson Syndrome

    A Bronx jury awarded $120 million to Jacqueline Martin, a 45-year-old mother who suffered permanent brain damage after three New York City hospitals repeatedly failed to recognize and treat a severe allergic reaction to seizure medication that triggered Stevens-Johnson Syndrome.

    After trial: The hospital corporation announced an appeal; no final public outcome is on record.

    Kramer Dillof Livingston & Moore2012 · New York Supreme Court, BronxRead the full story →
  15. $108.6 millionVerdictPA

    $108.6 Million Verdict for Boy Brain-Injured in a 2018 Forceps Delivery at Einstein

    A Philadelphia jury awarded $108.6 million to a boy who suffered permanent brain damage during a December 2018 forceps delivery at Einstein Medical Center, in a case tried by Gilman & Bedigian against Jefferson Health. Jefferson has vowed to appeal, and the Pennsylvania Supreme Court is already reviewing the same liability doctrines in the firm's earlier $183 million Penn Medicine verdict, so the award is far from final.

    After trial: Post-trial motions are pending and Jefferson has said it will appeal. The Pennsylvania Supreme Court review granted in July 2026 in Hagans v.

    Gilman & Bedigian2026 · Philadelphia Court of Common Pleas, PennsylvaniaRead the full story →
  16. $100 millionVerdictFL

    $100 Million Verdict for Toddler Permanently Injured by Doctor Who Operated Ten Days After License Was Revoked

    A Palm Beach County jury awarded $100 million to a toddler left permanently injured after Dr. Berto Lopez performed a circumcision ten days after the Florida Board of Medicine revoked his license.

    Grossman Yaffa Cohen2024 · Palm Beach County Circuit Court, FLRead the full story →
  17. $78.5 millionVerdictPA

    $78.5 Million Verdict After Faulty Ultrasound Caused 81-Minute Delay in Emergency C-Section

    A Philadelphia jury found Pottstown Memorial Medical Center liable for a newborn's severe spastic quadriplegic cerebral palsy after the hospital's outdated, unmaintained ultrasound equipment led a physician to incorrectly declare the baby dead, delaying an emergency cesarean section by 81 minutes.

    Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig2012 · Philadelphia Court of Common PleasRead the full story →
  18. $75.8 millionVerdictIL

    Cook County Jury Awards $75.8 Million Over Twin Birth Injury at University of Chicago

    A Cook County jury awarded $75,859,000 to a baby girl left with permanent brain damage and physical injuries after doctors needlessly turned her during a twin delivery at the University of Chicago Medical Center.

    Salvi, Schostok & Pritchard P.C.2024 · Cook County Circuit Court, Chicago, ILRead the full story →
  19. $75 millionVerdictGA

    $75 Million Verdict for Man Left Locked In After ER and Radiology Missed His Brain Stem Stroke

    A Fulton County State Court jury awarded $75 million to Jonathan Buckelew, who suffered a brain stem stroke after a chiropractic neck adjustment at age 32 and was left with locked-in syndrome when an emergency physician and a radiologist failed to diagnose it for a full day. The Georgia Court of Appeals affirmed the judgment in March 2025.

    After trial: Affirmed by the Georgia Court of Appeals on March 10, 2025. The verdict stands.

    Shamp Silk and Bell Law Firm2022 · Fulton County State Court, GeorgiaRead the full story →
  20. $73.2 millionVerdictNM

    Santa Fe Jury Awards $73.2 Million After OB/GYN Negligence Left Newborn Brain-Damaged at Birth

    A Santa Fe jury returned a $73.2 million verdict, the largest medical malpractice award in New Mexico history at the time, after finding that an OB/GYN and his clinic failed to recognize a high-risk pregnancy, leading to a prolonged birth that left an infant with permanent brain damage and a non-functional right arm.

    Buckingham & Vega Law Firm2018 · Santa Fe District Court, New MexicoRead the full story →

All medical malpractice verdicts and settlements

370 results, largest first

$951 millionVerdictNot collectableUT

A Utah judge entered a $951 million default judgment against Steward Health Care after newly trained nurses, an excessive Pitocin drip, and a delayed C-section at Jordan Valley Medical Center left a newborn permanently brain damaged.

Claggett & Sykes Trial Lawyers2025 · Third District Court, Salt Lake City, UtahRead the full story →
$900 millionVerdictReversed on appealNot collectableFL

A Gainesville jury awarded $900 million, including $700 million in punitive damages, to stroke survivor Joseph Webb over neglect at the University Place Care and Rehabilitation Center, in a Wilkes & McHugh case tried against defaulted Trans Healthcare entities with no defense present, but Florida's First District Court of Appeal reversed the judgment in 2013 because the trial court had refused to let a defense lawyer appear, and the money was never collected; the estate's claim was later resolved for a small share of a multi-estate bankruptcy settlement.

Wilkes & Associates, P.A.2012 · Eighth Judicial Circuit, Alachua County, FloridaRead the full story →
$366 millionVerdictReduced from $524 millionNV

A Clark County jury ordered Health Plan of Nevada and Sierra Health Services to pay $524 million after finding the UnitedHealth Group subsidiaries negligently credentialed a gastroenterologist whose unsafe injection practices at his Las Vegas endoscopy clinics caused the largest medically caused hepatitis C outbreak in American history.

Eglet Law2013 · Clark County District Court, Las VegasRead the full story →
$330.07 millionVerdictReduced from $2.23 billionNot collectableMO

Georgia Hayes, a Kansas City area ovarian cancer patient, sued pharmacist Robert Courtney after learning he had diluted the chemotherapy drugs used in her treatment. A Jackson County jury found Courtney liable and awarded Hayes $225,571,439 in compensatory damages and $2 billion in punitive damages, the first of hundreds of similar suits against Courtney to reach trial. The trial judge later found the award excessive and cut it by remittitur to $330,071,439, and that reduced judgment stood. Hayes herself and the case reporter covering the verdict both said she was unlikely to ever collect a significant portion of it.

Ketchmark & McCreight, P.C. and Davis, Bethune & Jones, L.L.C.2002 · Circuit Court of Jackson County, Missouri (Kansas City)Read the full story →
$307.6 millionVerdictOn appealNot collectableMI

A Detroit federal jury awarded former Michigan inmate Kohchise Jackson $307.6 million after the state's for-profit prison health contractor refused to pay for the $919 surgery that would have reversed his colostomy.

Marko Law Firm2026 · U.S. District Court, Eastern District of Michigan (Detroit)Read the full story →
$268.6 millionVerdictTX

A Dallas County jury returned one of the largest medical-malpractice verdicts in the country after a teenager with cerebral palsy died at Medical City Dallas when hospital staff administered multiple times the appropriate dose of the anesthetic propofol following a routine airway procedure.

Aldous Law2000 · Dallas County, TXRead the full story →
$261 millionVerdictReversed on appealFL

On November 9, 2023, a Sarasota County jury awarded the Kowalski family more than $261 million against Johns Hopkins All Children's Hospital: about $211.5 million in compensatory damages plus $50 million in punitive damages, in the case behind the Netflix documentary Take Care of Maya. None of that judgment stands today. The trial judge cut $47.5 million from the award in January 2024, and on October 29, 2025 Florida's Second District Court of Appeal reversed the judgment entirely, holding that the trial court misapplied the statutory immunity for good-faith child-abuse reporting, directing judgment for the hospital on several claims and ordering a new trial on the rest. In August 2026 the Florida Supreme Court declined to review that ruling, so the surviving claims head back to Sarasota County for a narrower retrial. AndersonGlenn tried the original case for the family, and this page documents the full arc, verdict and reversal alike.

AndersonGlenn LLP2023 · 12th Judicial Circuit, Sarasota County, FLRead the full story →
$216.8 millionVerdictFL

A Hillsborough County jury awarded $216.8 million to Allan Navarro after an emergency room misdiagnosed his stroke as sinusitis, leaving him permanently paralyzed. It was the largest medical malpractice verdict in Florida history at the time.

The Yerrid Law Firm2006 · Hillsborough County Circuit Court, Tampa, FLRead the full story →
$207.6 millionVerdictPA

A Philadelphia jury found the Hospital of the University of Pennsylvania liable for the brain injury a newborn suffered when staff delayed a cesarean section, a $182.7 million verdict that grew to a molded judgment of about $207.6 million, the largest medical malpractice award in Pennsylvania history. Kline & Specter argued and won the appeal, where the Pennsylvania Superior Court affirmed the full $207.6 million judgment in July 2025.

Kline & Specter, PC2025 · Philadelphia County, PARead the full story →
$207.6 millionVerdictPA

A Philadelphia jury returned a $182.7 million verdict, later reaching $207.6 million with interest and upheld through the Pennsylvania Superior Court in July 2025, against the Hospital of the University of Pennsylvania for a 45-minute delay in performing a C-section on a mother with a known uterine infection, leaving her child with permanent cerebral palsy.

Gilman & Bedigian2023 · Court of Common Pleas, Philadelphia County, PARead the full story →
$200 millionVerdictGroup recoveryReversed on appealPA

A Philadelphia jury in May 2005 awarded two women a combined $200 million for heart-valve injuries caused by Wyeth's fen-phen diet drugs, with Steve Kherkher of Williams Bailey (now Kherkher Garcia) leading the trial, before a judge granted Wyeth's post-trial motion and the case resolved through a confidential settlement.

Kherkher Garcia2005 · Philadelphia Court of Common Pleas, PennsylvaniaRead the full story →
$190 millionSettlementGroup recoveryMD

More than 8,000 women reached a $190 million class-action settlement against Johns Hopkins Hospital after gynecologist Dr. Nikita Levy secretly filmed patients during examinations over a 25-year career.

Schochor, Staton, Goldberg and Cardea, P.A. and The Cochran Firm (DC)2014 · Baltimore City Circuit Court, MD (state class action)Read the full story →
$172 millionVerdictNY

Thomas Moore won a $172 million jury verdict in Bronx Supreme Court for a woman left with catastrophic brain damage after FDNY EMTs responded to her 1998 cardiac arrest without essential equipment and advised her family to wait for a second ambulance instead of transporting her immediately.

Kramer Dillof Livingston & Moore2014 · Bronx Supreme CourtRead the full story →
$135 millionVerdictMI

After spinal surgery at the Detroit Medical Center's Children's Hospital of Michigan left a 10-year-old girl partially paralyzed and permanently incontinent, and her surgeon took two vacations before the hardware came out, a Wayne County jury awarded $135 million.

Fieger, Fieger, Kenney & Harrington, P.C.2018 · Wayne County Circuit Court, Detroit, MIRead the full story →
$130.57 millionVerdictReduced after trialMI

An Oakland County jury awarded the Tran family $130,571,897 in 2018 after finding that Beaumont Hospital technicians failed to call a code blue or provide chest compressions when a two-month-old infant suffered a breath-hold spell during a renal scan, leaving him with permanent brain damage and cerebral palsy.

McKeen & Associates, PC2018 · Oakland County Circuit Court, MIRead the full story →
$130 millionVerdictReduced from $130 millionNY

A Suffolk County jury awarded $130 million to a girl who developed cerebral palsy after oxygen deprivation during her 2002 delivery at St. Charles Hospital, after Thomas A. Moore of Kramer, Dillof, Livingston & Moore tried the case three times; appellate review later cut the pain and suffering award to $4.25 million, and the firm reports the case resolved for $13.6 million in cash plus lifetime Medical Indemnity Fund coverage.

Kramer Dillof Livingston & Moore2013 · Supreme Court, Suffolk County, NYRead the full story →
$123 millionSettlementGroup recoveryDE

Schochor, Federico and Staton, P.A. represented the largest single group of plaintiffs in a $123 million class-action settlement against Beebe Medical Center for institutional failures that allowed pediatrician Earl Bradley to abuse hundreds of children over 15 years.

Schochor, Staton, Goldberg and Cardea, P.A.2012 · Delaware Superior Court, New Castle County (Wilmington, DE)Read the full story →
$120.9 millionVerdictMI

A Wayne County jury found Henry Ford Hospital negligent for a delay of over two hours in executing an ordered emergency C-section, awarding $120.9 million to a Detroit mother and her son, who was left with severe cerebral palsy and requires full-time care.

McKeen & Associates, PC2024 · Wayne County Circuit Court, MIRead the full story →
$120 millionVerdictNY

A Bronx jury awarded $120 million to Jacqueline Martin, a 45-year-old mother who suffered permanent brain damage after three New York City hospitals repeatedly failed to recognize and treat a severe allergic reaction to seizure medication that triggered Stevens-Johnson Syndrome.

Kramer Dillof Livingston & Moore2012 · New York Supreme Court, BronxRead the full story →
$111.7 millionSettlementGroup recoveryCA

Gillin, Jacobson, Ellis and Larsen recovered $111.7 million for 186 patients who underwent medically unjustified cardiac procedures at Tenet Healthcare's Redding Medical Center, the largest single-firm share of a $395 million mass settlement.

GJEL Accident Attorneys2004 · Shasta County Superior Court, Redding, CARead the full story →
$108.6 millionVerdictPA

A Philadelphia jury awarded $108.6 million to a boy who suffered permanent brain damage during a December 2018 forceps delivery at Einstein Medical Center, in a case tried by Gilman & Bedigian against Jefferson Health. Jefferson has vowed to appeal, and the Pennsylvania Supreme Court is already reviewing the same liability doctrines in the firm's earlier $183 million Penn Medicine verdict, so the award is far from final.

Gilman & Bedigian2026 · Philadelphia Court of Common Pleas, PennsylvaniaRead the full story →
$100 millionVerdictFL

A Palm Beach County jury awarded $100 million to a toddler left permanently injured after Dr. Berto Lopez performed a circumcision ten days after the Florida Board of Medicine revoked his license.

Grossman Yaffa Cohen2024 · Palm Beach County Circuit Court, FLRead the full story →
$100 millionVerdictNot collectableFL

A Palm Beach County jury awarded $100 million against former OB/GYN Berto Lopez, who performed a catastrophic circumcision on a 10-day-old boy ten days after the Florida Board of Medicine revoked his license, though the unlicensed doctor skipped the trial and collection remains doubtful.

Grossman Yaffa Cohen2024 · 15th Judicial Circuit, Palm Beach County, FloridaRead the full story →
$97.4 millionVerdictReversed on appealIA

A Johnson County, Iowa jury awarded the family of an infant identified in court records by the initials S.K. $97.4 million in March 2022, finding an OB-GYN clinic and a hospital equally responsible for a delivery gone wrong at Mercy Hospital in Iowa City in August 2018. The verdict, then the largest medical malpractice award in Iowa history, followed a 14-day trial before Judge Kevin McKeever of the Sixth Judicial District. Mercy Hospital's share was capped at $7 million under a pretrial agreement, which the hospital paid; court filings put the clinic's share of the judgment at more than $75.6 million. The clinic, Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C., did not pay, filed for Chapter 11 bankruptcy in October 2022, saw that case dismissed the following April, and appealed. On November 8, 2024, the Iowa Supreme Court reversed the judgment against the clinic over an evidentiary error and ordered a new trial. Nothing currently stands against the clinic, and no new trial date has been reported.

Beam Legal Team LLC2022 · Iowa District Court for Johnson County, Iowa City, IowaRead the full story →

Prior results do not guarantee a similar outcome. Each case is unique and depends on its own facts.