On November 21, 2019, Justice Joseph E. Capella, Supreme Court, Bronx County reduced a $90,000,000 verdict for pain and suffering to $30,000,000. The jury agreed with plaintiff's counsel who argued that St. Barnabas Hospital had failed to properly treat a 50 year old woman's asthma over the course of a 52 day hospital admission. Specifically, it was claimed that a failure to treat hypercapnia (excess carbon dioxide in the blood) lead to metabolic acidosis, cerebral edema, seizures and permanent brain injuries. The plaintiff suffers from slow thinking, ataxia (loss of full control over body movements, slurred and slow speech and is wheelchair bound.
In April 2019, the jury awarded $60,000,000 for past pain and suffering and $30,000,000 for future pain and suffering believing the plaintiff would live another 34.5 years, in addition to special damages not discussed in the decision. The defendants filed a post - trial motion to set aside the verdict and/or reduce it. The trial judge upheld the verdict but reduced the past pain and suffering award to $7,000,000 and the future pain and suffering award to $23,000,000. It is likely this decision will be appealed. Redish v St. Barnabas, 2019 WL 6269086