In this medical malpractice case the defendants requested that the court reduce the amount of damages for pain and suffering, loss of services, as well as the amount of damages awarded for pecuniary loss.
In April of 2003 decedent Thomas was admitted to Downstate Hospital for single bypass heart surgery and a mitral valve repair. However, instead, defendant doctor Burack performed three open heart surgical procedures on the decedent. According to the plaintiff, because of negligent monitoring and treatment of the complications related to the procedures, in September Thomas died in Downstate Hospital without ever leaving the hospital. Plaintiff, as the administratrix of the decedent’s estate, filed a medical malpractice lawsuit against defendant Burack. After a trial, the jury found in favor of the plaintiff, awarding $6 million for the decedent’s conscious pain and suffering, $13 million for the loss of the decedent’s services and society prior to his death, and $780,000 in pecuniary damages on the wrongful death claim.
Defendant Burack appealed. In addition to arguing that he was not liable for the decedent’s death, he also appeals the amount of the monetary judgements. He asserts that the $6 million for pain and suffering and the $13 million for loss of services are not reasonable. He further asserts that the $780,000 award for wrongful death was not proven.