Appeals Court: $8 Per Day Is Not Enough

A New Jersey appeals court has decided that a jury’s award of $100,000 for an amputee’s pain and suffering was too low.

“Based upon her life expectancy, the damages amount to $8 per day, [which is] grossly insufficient and a miscarriage of justice,” the New Jersey Appellate Division ruled.

The case involves a woman who had a total of seven surgeries to correct a circulation problem. Three of those operations involved amputation, as gangrene crept up her limb. Ultimately, she lost most of the leg and will probably use a wheelchair for the rest of her life.

A jury verdict awarded her $800,000 for economic damages, plus $100,000 for pain and suffering. The three-judge appellate panel ordered a new trial to recalculate the noneconomic amount, noting that written transcripts were an inadequate substitute for an opportunity to actually observe witnesses as they testify in this case.

From the November 01, 2008 Issue of Renal and Urology News