A few weeks ago, A Connecticut Jury awarded a $58 Million Verdict in compensatory damages to a child left with severe cerebral palsy on account of an unnecessary and improper delay in the child's delivery at birth. The Jury's verdict appears to be the highest Personal injury medical malpractice verdict in Connecticut history. There is likely to be an appeal filed by the defendant on the basis that the amount awarded by the CT jury was excessive. This is not an easy claim to make, notwithstanding the significance of the size of the award . Connecticut case law is supportive of the jury's determination of what is appropriate financial compensation for injuries caused by negligence. ( ”the amount of an award [of damages] is a matter peculiarly within the province of the trier of facts. . . . [T]he court should not interfere with the jury's determination except when the verdict is plainly excessive or exorbitant. . . . The ultimate test which must be applied to the verdict by the trial court is whether the jury's award falls somewhere within the necessarily uncertain limits of just damages or whether the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury [was] influenced by partiality, prejudice, mistake or corruption.” (Internal quotation marks omitted.) Mahon v. B.V. Unitron Mfg., Inc., 284 Conn. 645, 661-62, 935 A.2d 1004 (2007)).
The following case is successfully handled in Connecticut courts by Attorney Levin.