Lawyers representing 70 patients in a medical malpractice case against Dr. John A. King want to keep the size of most of those settlements secret from the public.

The Charleston law firm of Curry & Tolliver is asking Putnam County Circuit Judge O.C. Spaulding to keep 60 of those settlements confidential.

But Spaulding opposed keeping settlements secret. During a hearing in his courtroom earlier this month, the sizes of three settlements reached with survivors of King's patients who died became public.

Those settlements totaled more than $2.4 million.

The survivors will get $1.23 million. The Charleston law firm of Curry & Tolliver will get $1.2 million in legal fees, which includes 40 percent of each settlement plus litigation costs.

On Thursday, Spaulding will hold another hearing in his Winfield courtroom to consider seven proposed settlements involving "infants" under the age of 18. The size of those settlements also will be made public.

King generated 124 lawsuits in less than seven months as a surgeon at Putnam General in 2002 and 2003.

The settlements were reached with Putnam General and the Hospital Corporation of America, its parent company at the time King was on the hospital staff. Lawyers for HCA also want to keep the settlements secret.

Arden J. Curry, a lawyer with Curry & Tolliver, recently filed a "Notice of Presentation of Stipulation for an Order of Dismissal" with the Putnam County Court asking that the 60 remaining settlements be kept confidential.

Curry's notice states the plaintiffs in the seven suits involving "infants" will appear at the May 22 hearing and "disclose to the court the total amount of the settlements in order to allow the court to make a finding that these are good faith settlements."

To avoid disclosures in the remaining 60 cases, Curry & Tolliver hope Spaulding allows them to submit "voluntary dismissal" agreements to the court - agreements signed by King's patients and HCA officials.

Lawyers representing 70 patients in a medical malpractice case against Dr. John A. King want to keep the size of most of those settlements secret from the public.

The Charleston law firm of Curry & Tolliver is asking Putnam County Circuit Judge O.C. Spaulding to keep 60 of those settlements confidential.

But Spaulding opposed keeping settlements secret. During a hearing in his courtroom earlier this month, the sizes of three settlements reached with survivors of King's patients who died became public.

Those settlements totaled more than $2.4 million.

The survivors will get $1.23 million. The Charleston law firm of Curry & Tolliver will get $1.2 million in legal fees, which includes 40 percent of each settlement plus litigation costs.

On Thursday, Spaulding will hold another hearing in his Winfield courtroom to consider seven proposed settlements involving "infants" under the age of 18. The size of those settlements also will be made public.

King generated 124 lawsuits in less than seven months as a surgeon at Putnam General in 2002 and 2003.

The settlements were reached with Putnam General and the Hospital Corporation of America, its parent company at the time King was on the hospital staff. Lawyers for HCA also want to keep the settlements secret.

Arden J. Curry, a lawyer with Curry & Tolliver, recently filed a "Notice of Presentation of Stipulation for an Order of Dismissal" with the Putnam County Court asking that the 60 remaining settlements be kept confidential.

Curry's notice states the plaintiffs in the seven suits involving "infants" will appear at the May 22 hearing and "disclose to the court the total amount of the settlements in order to allow the court to make a finding that these are good faith settlements."

To avoid disclosures in the remaining 60 cases, Curry & Tolliver hope Spaulding allows them to submit "voluntary dismissal" agreements to the court - agreements signed by King's patients and HCA officials.

"The dismissal orders do not contain specific findings by the court that these are good faith settlements and instead are voluntary dismissals," states the notice that Curry filed.

"No disclosure of settlement amounts are necessary in those claims because no specific finding is being asked for by the court on whether the settlements are good faith settlements."

Curry, according to the notice, will present two of the 60 proposed dismissals to the court, the Bird and Dingess cases.

Spaulding has not yet ruled on that motion.

During the May 6 hearing, Spaulding stressed his view that "openness is needed to facilitate public monitoring of the judicial system....

"I have never experienced anything like these 124 cases in my 15 years on the bench. These cases have generated a tremendous amount of publicity, both in West Virginia and nationally....

"These are not run-of-the-mill lawsuits, like little car accidents. They have taken on national interest and [aroused] national curiosity," Spaulding said. "The public has a right to know. Were these legitimate cases?"

Curry & Tolliver have settled these 70 cases with David McNair, King's former physician assistant, but not with King.

Tentative settlements have also been reached between HCA officials and 11 patients represented by Charleston lawyer Bill Druckman and 15 patients represented by Charleston lawyer Richard Lindsay.

Lawyers representing patients hurt by surgeries performed by King will continue pursuing legal actions by some of those patients against Wright Medical Technology and EBI LP - companies that manufactured spinal implant and monitoring devices used by King in his surgeries.

To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.