In a medical malpractice trial in Pittsburgh, the jury found that the University of Pittsburgh Medical Center at Shadyside’s care of the Plaintiff was both medical negligence and that the it was the cause of the death of a man. The jury awarded $2.5 million under the Pennsylvania Wrongful Death Act. The gave no damages for under the Pennsylvania Survival Act.
Incredibly, the jury issued a statement as to why: “After eight days of testimony in the case of Rettger v. UPMC Shadyside, it is the unanimous opinion of the jury that no amount of damages will adequately punish UPMC. It is our belief that UPMC Shadyside’s policies, culture, and lack of competent supervision resulted in the death [of the decedent].”
Plaintiff’s now seek a new trial because they had evidence to show that the decedent’s lost earning capacity was between $4 million and $15 million.
I wish Plaintiff’s medical malpractice lawyers all of the luck in the world as they continue their fight on behalf of the victim’s family. This appeal would not fly under Maryland medical malpractice law because of the wide discretion given to juries to determine damages. Still, it is hard to understand why the jury chose to disregard the judge’s instructions and to disregard the overwhelming evidence with respect to lost earning capacity, particularly in light of how strongly they apparently believe in the hospital’s negligence.