Appellate Court Chops $1.45M Off Queens Jury Verdict Of $2.5M For Perforated Intestine
On June 24, 2020 an appellate court addressed the value of the fair compensation for a 50 year old female whose small intestine was perforated during an endoscopy procedure.The plaintiff's expert at trial told the jury that an emergency laparotomy was necessary causing a 7 inch abdominal scar and that the plaintiff was at an increased risk of developing a bowel obstruction and/or hernia for the rest of her life.The Queens County jury agreed the doctor was negligent and awarded the plaintiff $2,500,000 which the trial judge reduced to $650,000 based on defense arguments that the scar was barely visible and that any future heightened risks were pure speculation. On appeal the appellate court was kinder to the plaintiff and modified the verdict to $1,050,000. Garzon v Batash, 2020 WL 3443526
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