This site is sponsored by Rosenfeld Injury Lawyers Call us toll-free to discuss your case: (888) 424-5757

$3,700,000 for a child who suffered birth injuries and will require extensive future medical care

Case: Karney, 674 N.Y.S.2d at 451.


Procedural History

Defendants appealed, claiming that the jury verdict was excessive as well as duplicative.  Defendants also claimed that the jury’s finding of negligence by the hospital was not supported by the evidence at trial.

Summary of Facts

The Supreme Court, Appellate Division, held that the jury finding of negligence on the part of the hospital was supported by evidence; the jury award of $3.7 million would be reduced to $2 million for past pain and suffering; jury awards for home equipment adaptations, transportation, and therapies can be proper as long as they are not duplicative of other awards for costs, such as costs for a group home; and the award of $4 million for cost of a group home was not excessive.

Relevant Application of Law

The jury's award of $4 million for group home costs was not excessive in light of the quantitative evidence and Jason's acknowledged need for assisted living (see, Cunningham v. Vincent, 234 A.D.2d 648, 652, 650 N.Y.S.2d 850; compare, Cramer v. Kuhns, 213 A.D.2d 131, 138-139, 630 N.Y.S.2d 128, lv. dismissed 87 N.Y.2d 860, 639 N.Y.S.2d 312, 662 N.E.2d 793).

Secure Your Child's Future

Put Our Team To Work For You Today!

All consultations are free

About the injured person:

SpastictySeizuresRespiratory difficultiesFacial DeformatiesLearning DisabilitiesBrain InjuryVision ProblemsBone deformatiesOther
All information submitted through this site is confidential.