One year after rejecting a jury’s verdict in a medical malpractice case and holding that the doctor was negligent as a matter of law, a federal judge has held that the jury convened to assess damages was overly generous.

In his latest decision in Martin v. Moscowitz, 1:02-CV-1281, Northern District of New York Judge David N. Hurd of Utica found the $900,000 award for future medical expenses excessive and directed a retrial on that issue unless the plaintiff agrees to accept $350,000. However, he left intact the remainder of the award, about $2.5 million, which covered pain and suffering.

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