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Steven F. Reilly Blog

Medical Malpractice

7/23/2008
Steve Reilly
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Pittsburgh Jury Awards $0 Survival Damages

In an odd twist, a Pittsburgh jury in a medical malpractice case found that a hospital was negligent and that the negligence caused the death of a 24-year-old man. The jury awarded $2,500,000.00 under the wrongful death claim but awarded 0 dollars under the survival claim. Damages under the survival act include lost earning capacity and experts testified that the lost earning capacity for the 24 year old was between $4,000,000.00 and $15,000,000.00. The attorney for the plaintiff has filed an appeal. This case certainly reinforces the point that you can never be sure about the thought process of a jury.

Labels:PA medical malpractice, Penn. wrongful death, medical malpractice lawsuit, awarded damages, wrongful death claim, court decisions, negligent hospitals