A Pennsylvania appellate court said a $10 million award to a family who sued Tampa, Fla.-based Laser Spine Institute alleging wrongful death was excessive in a 2-against-1 panel ruling, The Legal Intelligencer reports.
What you should know:
1. The lawsuit alleged Laser Spine Institute discharged Sharon Kimble when she still had a significant amount of Dilaudid, an anesthetic, in her system. Ms. Kimble died hours later with postoperative instructions to take additional pain medicine. Ms. Kimble's lawyer alleged she had more than six times the amount of Dilaudid in her system than what was initially ordered.
2. A jury initially awarded Ms. Kimble's estate $20 million — $10 million for wrongful death and $10 million under the Survival Act. A judge revoked the $10 million award under the Survival Act, and Laser Spine Institute appealed the wrongful death award.
3. The appellate court determined the $10 million award was excessive and vacated it. The court also recommended a new case take place in a lower court on damages.
4. A lawyer for Ms. Kimble's estate said the appellate court's decision was "dire, to say the least," adding that "we look forward to the next steps in getting the jury's thoughtful award reinstated and finally getting Mr. Kimble fully compensated for the devastating loss of his wife."