$3.9M
Medical Malpractice
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Case Details
An upstate New York federal judge increased the jury’s verdict on a wrongful death case caused by the medical malpractice of a hospital, from $2.1 million to $3.9 million. The underlying case involved a veteran who sought medical treatment for an aortic aneurysm repair at an upstate Veterans Affairs facility. The hospital bungled the repair, putting the man into immediate kidney failure.
Additional Notes
The original jury verdict determined that out of the 118 days he survived after the botched surgery, he endured pain and suffering for only 59 days. After the verdict, the attorney for the family argued in post-verdict motions that the 59-day timeframe was incorrect, and that it should be recalculated or the entire case retried. In a 54-page opinion, the judge found that the patient did, in fact, suffer for the balance of his existence, or for the full 118 days. In the decision, the judge concluded that although the patient may not have verbally expressed his pain, his inability to eat solid food, and his placement on a feeding tube constituted mental pain and suffering.
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Denlea & Carton LLP
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