Justinian C. Lane, Esq.
Let Justice Be Done, Though the Heavens May Fall

Justinian Lane's Blog

Justinian's Blog

$7.5 million for lost limbs might sound like a lot…

Until you realize it isn’t for pain and suffering, but only for medical bills and lost wages.  Is there anyone out there who thinks that $10 million is too much to award someone who loses their arm and legs?  If so, would you be willing to let me surgically remove your arms and legs for $10 million bucks? 

To me, that’s how you determine if a pain and suffering award is too high: If someone would be willing to endure the pain and suffering in order to receive the monetary award.

DALLAS — A Bedford infectious-disease specialist has been ordered to pay $7.5 million to a former maintenance man who lost his arms and legs to an MRSA infection.

Judge Jim Jordan ordered Dr. Meenakshi S. Prabhakar to pay David Fitzgerald after a Dallas County jury found in Fitzgerald's favor in his medical malpractice lawsuit. Prabhakar treated Fitzgerald in 2003 when he developed an infection following surgery at RHD Medical Center in Farmers Branch.

The jury ruled Fitzgerald should get $17.5 million, but because of caps on medical malpractice cases he cannot collect about $10 million the jury awarded for pain, mental anguish and physical impairment.

Source: Doctor ordered to pay man who lost limbs $7.5M | AP Texas News | Chron.com - Houston Chronicle