The interaction of CPLR 4111 and CPLR 5031 controls the calculation of a structured judgment in medical, dental, and podiatric malpractice actions. CPLR 4111, titled “General and Special Verdicts and Written Interrogatories,” governs the jury’s verdict, more specifically the amount and category of damages a jury can award. CPLR 5031, titled “Basis for Determining Judgment to be Entered,” instructs the court how to determine and calculate the final award amount and payment scheme using the jury’s verdict. This calculation is done post verdict. This article will discuss the interplay between these two rules in light of the 2003 amendment to CPLR 4111(d) and its effect on the court’s role in calculating the appropriate judgment to enter upon a medical malpractice verdict.

Pre-2003 Amendment

Prior to the amendment of CPLR 4111(d) in 2003, the practical effect of CPLR 4111(d) and CPLR 5031 “ha[d] been characterized by some as requiring a defendant who pays a judgment periodically, to pay twice for inflation.” (State of New York Dep. of Health Mem. in Support, Bill Jacket, L 2003, Ch. 86). The provisions had “deservedly been labeled ‘circuitous,’ ‘vexing,’ as ‘every judge’s nightmare,’ and ‘[a]t best…ambiguous….’” (Bryant v. New York City Health & Hosps., 93 N.Y.2d 592, 600-01 [1999]). The statues’ flaws were illuminated by the Court of Appeals’ decision in Desiderio v. Ochs. (See 100 N.Y.2d 159 [2003]).