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 her release, 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 defendants contested the verdict, the Fulton County Supreme Court reduced Jamie Lee's future-damage component from $4 million to $2 million and Douglas's $500,000 award to $250,000. Of course, an appeal ensued.
The Appellate Division, Third Department, modified the outcome a bit further. 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.
To download a copy of the Appellate Division's decision, please use this link: Norton v. Nguyen