Jury Deviated From Reasonable Compensation in $13M Award, New York Appeals Court Rules

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Supreme Court, Appellate Division, First Department, New York, August 6, 2020

The Appellate Division of the First Department of New York vacated a $13 million award in a mesothelioma case, stating that the award deviated from what would be “reasonable compensation” for the claims. During the initial trial, the jury awarded $4 million for future pain and suffering, $250,000 for future loss of consortium, $5.5 million for past pain and suffering, and $650,000 for past loss and suffering.

The appellate division upheld the $4 million for future pain and suffering and $250,000 for future loss of consortium awards. Conversely, the appellate division vacated the $5.5 million for past pain and suffering and $650,000 for past loss and suffering; the plaintiff will have 30 days to stipulate to a reduction of the awards.