In a 2nd Department decision decided June 24, 2020, (see decision here), the Court reversed a trial court’s reduction of a $2.5 million jury verdict in a medical malpractice action involving a perforated intestine during an upper endoscopy. When conservative treatment failed, Mrs. Garzon required an exploratory laparotomy to resect a perforated diverticulum, as well as a feeding jejunostomy, during a nine-day hospital stay. Due to presence of intra-abdominal scarring and adhesions from the surgery, Ms. Garzon is at an increased risk of developing a bowel obstruction in the future.
At the trial, our partner NY Medical Malpractice Attorney Marijo C. Adimey obtained a unanimous verdict of $2,500,000 on behalf of her client, Elsa Garzon, from a Queens County jury. The verdict awarded Mrs. Garzon $1,500,000 for past pain and suffering and $1,000,000 for future pain and suffering (see our previous post for full case details).
Defendant filed a post-trial motion pursuant to CPLR 4404(a) to set aside the jury verdict as excessive and against the weight of the evidence. In granting defendant’s motion, the trial court reduced the award for past pain and suffering to $550,000 and reduced the future pain and suffering award to $100,000. The court held that the award for future pain and suffering was speculative and against the weight of the evidence.