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Category Archives: Punitive Damages

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Appellate Court Overturns $2,000,000 Verdict for Post-Traumatic Stress Disorder and Punitive Damages in Case alleging Excessive Force by Police

Posted in Psychological Damages, Punitive Damages

Carlos Pacheco was 23 years old and had a five year history of seizure disorders. Typically, an ambulance would be summoned to his apartment in the Bronx and he’d be taken to the hospital, treated and released. On September 30, 2006, Carlos was having a seizure and his girlfriend called 911. After police and ambulance… Continue Reading

Punitive Damages Award Dismissed by New York’s Highest Court in Case against Physician who Sexually Exploited Patient

Posted in Psychological Damages, Punitive Damages

Following incapacitating panic attacks in 2000, Kristin Dupree, then 29 years old, treated with family practitioner James F. Giugliano, M.D. in Southampton, New York over a period of 17 months. The doctor’s “treatment” included a nine month long sexual relationship that his patient later claimed caused her severe emotional distress. A malpractice lawsuit against the… Continue Reading

Mental Distress Verdict for $200,000 and Punitive Damages Award Affirmed against Physician who Sexually Exploited Patient

Posted in Psychological Damages, Punitive Damages

Kristin Dupree had been a beautiful fashion model who married at the age of 23 and settled in Southampton, New York. When she was 29, Kristin underwent an incapacitating panic attack that led her to the office of James E. Giugliano, M.D., a local family practitioner. After 17 months of anti-depressant drugs and twice a… Continue Reading

Doctor’s Sexual Harassment of Nurse Results in $15,000,000 Jury Verdict But Trial Judge Allows Only $750,000 for Past Pain and Suffering

Posted in Psychological Damages, Punitive Damages

Sexual harassment in the workplace – in some cases it’s quite real and devastating to the victim; in others it’s a baseless claim. It is clear, though, that sexual harassment is a form of impermissible discrimination outlawed under several statutes (e.g., 42 U.S.C. Section 2000e, known as Title VII of the 1964 Civil Rights Act and… Continue Reading

Tobacco Manufacturer Wins Dismissal and New Trial of $20,000,000 Punitive Damages Verdict in Smoker’s Wrongful Death Lawsuit

Posted in Punitive Damages, Wrongful Death

The purpose of punitive damages in personal injury lawsuits is to act as a punishment to the offensive defendant and as a deterrent or warning to others. They  are awarded in addition to the plaintiff’s compensatory damages (i.e., pain and suffering, loss of earnings and medical expenses); however, they are only available when a defendant’s conduct… Continue Reading