On July 21, 2000, Daniel Hernandez was working on a defective lighting fixture at a Great Neck construction site when he fell from a ladder and broke his leg. He never recovered from his injury (it got worse and others developed too); he was never able to return to work. His damages lawsuit took eight… Continue Reading
Category Archives: Loss of Consortium Damages
Subscribe to Loss of Consortium Damages RSS FeedRecord Pain and Suffering Award in Leg Amputation Case
Posted in Amputation Injuries, Loss of Consortium DamagesThis tragic amputation case was big and important at trial two years ago and now that an appeals court has weighed in, it’s still big and important. We wrote about Gloria Aguilar’s case back in 2009, here. Ms. Aguilar, then a 45 year old housekeeper, had been run over by a city bus in 2005… Continue Reading
$3,000,000 for 11 Months of Pre-Death Pain and Suffering Affirmed in Medical Malpractice Case
Posted in Brain Injuries, Loss of Consortium Damages, Medical Malpractice, Wrongful DeathTheresa Capwell was 33 years old and in good health when she started experiencing abdominal pain. She was diagnosed with pancreatitis (an inflammation of the pancreas) and admitted to Westchester Medical Center on September 18, 2000. Within five days of her hospital admission, Theresa suffered acute respiratory distress and she was placed on a ventilator…. Continue Reading
Pre-Death Pain and Suffering Verdict Slashed by Appellate Court from $5,000,000 to $2,500,000 because Woman in Coma for 4 ½ Years was only “Sporadically Aware” of her Condition
Posted in Loss of Consortium Damages, Medical Malpractice, Wrongful DeathOn October 3, 1996, Edith Schaffer, then 67 years old, voluntarily admitted herself to a small psychiatric hospital in Ossining, New York, for an episode of depression and anxiety. The next day, she suffered the first of a series of seizures and was sent to a nearby community hospital for a neurological consult and tests…. Continue Reading
Traumatic Brain Injury Pain and Suffering Verdict for $2,500,000 Upheld on Appeal Despite Lack of Objective Medical Test Demonstrating Injury for First Six Years after Car Accident
Posted in Brain Injuries, Loss of Consortium DamagesOn February 5, 2002, Diane Garrison, a 44 year old housewife, was involved in a high speed motor vehicle accident in Ulster County, New York. The other driver admitted his liability for the crash in which Ms. Garrison’s head struck the window of her car’s door. Only a huge impact can smash a car window:… Continue Reading
Inside Story of Lawsuit over Catastrophic Injuries at Construction Site – Did Attorney’s Rejection of Settlement Offer Cost His Client $7,000,000?
Posted in Eye and Vision Injuries, Leg Injuries, Loss of Consortium Damages, Neck Injuries, Wrist InjuriesA 35 year old healthy construction worker was helping to build a new Lowe’s Home Depot in Orangeburg (Ulster County), New York on November 14, 2002 when he fell off the roof 22 feet striking his head on the ground below. After 63 days in the hospital (57 of them in a coma), 11 surgeries… Continue Reading
Loss of Consortium Claim Follows Arrest of College Basketball Coach
Posted in Defamation, Loss of Consortium DamagesOn December 18, 2008, University of Mississippi’s basketball coach, Andy Kennedy, was arrested in Ohio for assault following an altercation with Mohammed Jiddou, a Cincinnati cab driver. The criminal trial is set for April 20, 2009. But that’s not what’s prompting this post. What’s blogworthy here is the lawsuit the coach filed the day after… Continue Reading
Spouse Awarded $1,000,000 for Loss Of Consortium Claim
Posted in Loss of Consortium DamagesLoss of consortium is the term most often used by judges and lawyers to refer to the claims of physically uninjured spouses in personal injury cases brought by their physically injured mates. The claim arises when a physically injured person cannot as a result provide his or her spouse with the services, companionship, love, affection… Continue Reading