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Verdicts
Damage Award Lowered Due to Decedent's Problematic Relationship with Survivors
Admitting that he had made a mistake in his decision in Jupiter v. United States, 05-cv-4449. (E.D.N.Y. 8/15/13), a U.S. District Court judge recently slashed the damages he had earlier awarded to the survivors of a man who died of infection following gastric bypass surgery, from $1 million to $150,000.
The surviving children of the decedent, who died at the age of 54, were 21, 19 and 16 years old at the time of his death. They sought and were awarded damages of $1 million for loss of their father's care and guidance. The defendants sought a new trial based, inter alia, on this award, arguing that the amount was excessive under the circumstances.
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