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A weekly podcast aired by a jury foreperson prompted a judge to toss a $40 million verdict against Presbyterian Healthcare Services and open the door to a new trial in the medical negligence case.

The judge ordered a mistrial in the case after finding that comments the foreperson expressed in her podcast indicated a bias against Presbyterian and health care providers generally.

The June 2 verdict followed a two-week trial in 2nd Judicial District Court before District Judge Denise Barela-Shepherd. The award included $15 million in punitive damages against Presbyterian.

Jurors also awarded nearly $25 million to the child, now 6, and a total of $825,000 to the boy鈥檚 parents, Samantha and Patrick Leonard. The couple alleged that Presbyterian personnel failed to diagnose the infant鈥檚 low blood glucose levels after the child鈥檚 birth in April 2019, resulting in brain damage and permanent developmental effects.

Attorneys for Presbyterian sought a new trial in July, arguing that 鈥渢he jury foreperson, in her zeal to sit on the jury, concealed her biased opinions about our nation鈥檚 health care system.鈥�

The foreperson, Rebecca Allen, hosts a weekly podcast called Becca Mari鈥檚 Freedom Speak that reveals 鈥渓ong-held biases toward health care providers which she failed to disclose鈥� during jury selection, Presbyterian鈥檚 attorneys argued in a motion seeking a new trial.

鈥淧HS has since learned Ms. Allen published multiple episodes over the course of the trial in which she discussed her jury service, and the trial, both during and immediately after the trial,鈥� the motion said. Presbyterian attorneys took issue with Allen鈥檚 views on the COVID-19 pandemic, which she referred to as the 鈥渟camdemic,鈥� and her criticism of the COVID vaccine, which she called the 鈥渃lot shot.鈥�

One of the podcasts was recorded on May 25, about halfway through the trial, in which Allen discussed her service on the jury. She also said other jurors were aware of her podcast and 鈥渕ight be listening today,鈥� the motion said.

The Leonards鈥� attorney, Lisa Curtis, responded that Presbyterian failed to show that Allen was biased and had no grounds to seek a mistrial. Allen鈥檚 opinions about the COVID-19 pandemic 鈥渁re irrelevant in a case that had nothing to do with COVID-19. Nor can they be imputed to her overall opinion of the medical field or PHS, specifically.鈥�

Curtis argued that Allen admitted during jury selection that she hosted a podcast and had 鈥渙pinions鈥� about medical care.

鈥淛urors can have opinions, even strong opinions, and even strong opinions that PHS, or the Court, disagree with 鈥� that does not automatically make them biased,鈥� Curtis argued.

Curtis said in a written statement on Friday, 鈥淲e respect jurors and the right to jury trial as a fundamental part of a democratic country.鈥�

Judge Barela-Shepherd granted the mistrial and vacated the jury鈥檚 verdict in an Oct. 22 order.

鈥淏ased on Allen鈥檚 statement, the Court concludes that she was biased against (Presbyterian),鈥� Barela-Shepherd wrote. 鈥淎llen鈥檚 statements demonstrate that her negative views of medical care providers, corporations, and hospitals, perhaps shaped during the pandemic, were durable, continuing up to and through trial.鈥�

Allen disputed the finding Friday and denied that she discussed the trial during her May 25 podcast.

鈥淭hey just totally validated all of the things I鈥檝e ever said about how I think it鈥檚 harder and harder to get a fair trial in this country these days,鈥� Allen said Friday in a phone interview.

鈥淚 wasn鈥檛 talking about the details of the trial on that (May 25) show,鈥� she said. 鈥淚 was just being very generalized about serving on a jury.鈥�

Allen said she discussed the trial in her podcast only after the jury returned the verdict and that she had been 鈥渙pen and honest鈥� about her role as a conservative podcast host before she was selected as a juror.

鈥淚鈥檓 skeptical,鈥� Allen said. 鈥淚 am skeptical about personal injury lawyers. I am skeptical about politicians. I am skeptical about health care when it gets mixed up with corporations.鈥�

Allen acknowledged that she has expressed opinions on her podcast critical of corporate medical care, physicians and the response to the COVID-19 pandemic.

鈥淏ut as far as the trial goes, everything that me and the other 11 jurors did during that trial was based on just the evidence and the testimony provided to us during the trial,鈥� she said.