NJ Appeals Court Lets 70.8 Million Med Mal Verdict Stand
A New Jersey state appeals court has refused to reduce a $70.8 million medical malpractice award to the family of a brain-damaged infant, ruling it was not excessive in light of the injuries. The three-judge panel chose to confine its ruling to the facts, finding that courts should not interfere with a jury award unless it was shocking. "A civil plaintiff has a constitutional right to have a jury decide the merits and worth of her case," the Court said. "Determining just compensation for an accident victim, particularly when the damages are not susceptible to scientific precision, as in the case of pain and suffering damages, necessarily requires a high degree of discretion. That is so because there is no neat formula for translating pain and suffering into monetary compensation. "
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