Record Award of $29M For Pain & Suffering of a 16 yr Old Boy
On November 18, 2021, the NYS Appellate Division, First Department reduced a jury verdict of approximately $60,000,000 to $29,000,000 for the pain and suffering of a 16 year old boy horribly burned in a chemistry class at a New York City public high school. The boy was burned during a chemistry demonstration and received "third-degree burns to 31% of plaintiff's body - mainly on his face, ears, neck, arms and hands - as well as degloving injuries to his hands...." He remained conscious until placed into an induced coma for 3 days followed by a "series of major operations to remove as much of his burned skin as possible and replace it with skin grafts" from both his body and cadavers.
According to the treating physician, the plaintiff will "also suffer from double or triple the problems he ordinarily would have as he ages due to skin atrophy, i.e., the loss of elasticity and thickness of the skin." The emotional consequence of these injuries were evident from the testimony. As an example, the plaintiff "developed a coping mechanism of removing his glasses while in public so that he could not see others' reactions to his appearance." The Manhattan jury awarded $29,585,000 for the past 5.5 years of pain and suffering and $29,585,000 for the future 54 years he was expected to live. The Appellate Division gave the plaintiff a choice: agree to accept a reduction to $12,000,000 for past pain and suffering and $17,000,000 for the future (total $29M), or, go through a second jury trial to reevaluate damages. It has been reported that the plaintiff accepted the $29M. Yvonne Y. v City of New York, 2021 N.Y. Slip Op. 06468
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