A New Jersey appeals court has refused to disturb a $70.8 million medical malpractice award to the family of a brain-damaged infant, ruling it was not excessive in light of the injuries. The Appellate Division found that the jury award, which included $50 million for pain and suffering, did not shock the conscience. The court also relied on a recent New Jersey Supreme Court decision stating that awards for pain and suffering require a high degree of discretion because no "neat formula" exists.
August 17, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A New Jersey state appeals court has refused to disturb a $70.8 million medical malpractice award to the family of a brain-damaged infant, ruling it was not excessive in light of the injuries.
The Appellate Division declined on Monday to reduce the verdict or order a new trial on liability or damages in the case, Pellicer v. St. Barnabas Hospital, A-1472-05.
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