Pittsburgh Jury Finds $0 in Survivor Damages in Hospital Malpractice Case

Attorneys in Pittsburgh, Pennsylvania are seeking a new trial in a medical malpractice case where the jury, who found the hospital negligent in a patient's death, awarded $0 survivor damages because "…no amount of damages [would] adequately punish…" the hospital.

The case, which was tried in Allegheny County Common Pleas Court in May 2008, stemmed from the 2003 death of a 24 year old man who died from a brain abscess. The jury awarded $2.5 million in Wrongful Death Act damages.

The attorneys for the plaintiff filed a motion seeking a new trial limited to damages under the Survival Act because of the expert testimony of a CPA and actuary, who estimated the decedent’s lost earning capacity as between $4 million and $15 million.

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