Justice Philip Minardo
Patient Fine moved to set aside and/or increase the verdict as to past pain and suffering, or a new damages trial in this medical malpractice action. Doctor Cattani moved to reduce the jury award for past medical expenses awarded to Fine. Fine claimed Cattani negligently performed several procedures, including a rhinoplasty. The jury found Cattani negligently performed the rhinoplasty only, and awarded Fine $16,000 for past pain and suffering, and $14,000 for past medical expenses, which Cattani claimed was excessive. The court noted as Cattani’s application was unopposed, it reduced the jury award for past medical expenses to $2,100. Fine argued the damage award for past pain and suffering was inadequate as it was against the weight of the evidence and deviated materially from what would be reasonable compensation. The court agreed noting the uncontroverted evidence supported a finding Fine suffered greatly as a consequence of the negligent procedure, especially in light of the self-consciousness, pain and other difficulties she experienced until a remedial surgery took place. Thus, it ordered a new trial on the issue of damages unless Cattani consented to increase the verdict as to damages for past pain and suffering to $75,000.
