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By Matt Conigliaro, Esq.
For an example of where a jury inadequately awarded no future pain and suffering damages although liability and future pain and suffering were undisputed, check out this decision from the Fourth District. After an interesting discussion of the law in this area, the court directed that a new trial be held on the issue of future non-economic damages.
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Seaman, who worked as a bedroom/galley hand on vessels operated by his employer, was entitled, in accordance with the Jones Act, to maintenance and cure, damages for pain and suffering, and damages for economic losses where he was injured in transport bet
TROY DOUSE, Plaintiff-Appellee v. GLOBAL PIPELINES PLUS, et al., Defendants-Appellants UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 2007 U.S. App. LEXIS 25530 November 1, 2007, Filed PROCEDURAL POSTURE Appellants, an employer, an insurer, a vessel owner, and others, sought review of a judgment from the United States District Court for the Eastern District of Louisiana, which found that appellee seaman was entitled to maintenance and cure through the present, future maintenance and cure, past and future pain and suffering, and past and future economic losses...
Pain & Suffering - You Think You Have it Bad
Just what exactly is 'Pain & Suffering'?It's a term we hear often but we don't think much about. When a medical malpractice lawyer describes someone who experienced pain and suffering, it's usually in the context of an injury they suffered because of someone else's wrongdoing...
Milwaukee Jury Awards $10 Million in Hospital Malpractice
The Milwaukee Journal Sentinel reports on a jury award for a man with multiple sclerosis who suffered injury as the result of a spinal injection while in the hospital. According to the report, nearly half the award is for pain and suffering...
Lucky to be off Duragesic Pain Patch
Tucson, AZ: After five years of suffering mental and physical side effects from chronic back pain medication, Frank begged his doctor to prescribe a non-narcotic painkiller. The adhesive Duragesic pain patch sounded ideal but didn't take long for his situation to worsen.
A Medical Malpractice Victim's Guide to Compensation in New York...Part 2
A verdict allows a victim to 'enter judgment' against the doctor or hospital for the amount that has been awarded. In addition to the award, interest will be added to the award for past pain and suffering from the time of the malpractice until the date of the verdict...
Former Cy Young Pitcher Jim Palmer Wins Malpractice Suit After Botched Eye Surgery
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Hall of Fame pitcher Jim Palmer was awarded $890,000 after a West Palm Beach jury found an ophthalmologist liable for damaging his vision. After a two-week trial, it took a jury about four hours to decide Palmer should receive the money for suffering, lost wages and mental and physical pain...