WHAT'S A UTERUS WORTH?

In Norton v. Nguyen, Jamie Lee Norton and her husband filed a medical malpractice case against Nathan Littauer Hospital and Nursing Home and Patricia Nguyen, a hospital obstetrician, for failing to properly diagnose (prior to discharge) that Jamie Lee was suffering from an infection.

Jamie Lee had given birth to a child at the hospital, and Nguyen performed the delivery. The day after she was released, Jamie Lee was readmitted with a severe streptococcal infection which required the removal of her reproductive organs.

After a jury trial, Jamie Lee was awarded $1 million for past pain and suffering and $4 million for 57 years of future damages. Her husband, Douglas, received $250,000 for past pain and suffering and $500,000 for future damages. When the Nortons protested the outcome, the Fulton County Supreme Court reduced Jamie Lee's future-damage component from $4 million to $2 million and Douglas' $500,000 award to $250,000. Of course, an appeal ensued.

The Appellate Division, Third Department, was of the opinion that Douglas' damage awards were still too generous. Since Douglas failed to provide "testimony that his marital relations had been affected by his wife's injuries," he was awarded only $100,000 for past pain and suffering and $100,000 for future pain and suffering.

Not a very productive appeal.