New York Panel Vacates $2.5 Million Pain And Suffering Award Against Nursing Home

Mealey's (July 2, 2021, 8:37 AM EDT) -- NEW YORK — Finding that a trial court erred in omitting “any discussion of ‘consciousness’ from its jury charge or the verdict sheet,” a New York appellate panel on June 15 vacated a jury’s $2.5 million pain and suffering award to the widow of a nursing home resident who suffered a brain injury and died after the facility failed to monitor his blood sugar and timely transfer him to a hospital.  However, the panel affirmed the lower court’s directed verdict on liability and causation....