In an unusual, if not unprecedented, parsing of a medical malpractice verdict, a New Jersey appeals court held last week that a $100,000 pain and suffering award was too low because it amounted to $8 a day for the rest of the plaintiff's life. The Appellate Division ordered a new trial, finding the award "grossly insufficient and a miscarriage of justice," but left in place the liability verdict and $800,000 in economic damages. The plaintiff, who had seven surgeries, lost most of one leg due to gangrene.
Court Calls $8-a-Day Med-Mal Award for Amputee a 'Miscarriage of Justice'
New Jersey Law Journal
August 25, 2008