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Brandao v. Wal-Mart Stores12/19/2001
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Dr. Harju was asked to calculate and testify regarding anticipated annualized future medical expenses of Mrs. Brandao based upon the amount of medical expenses she incurred prior to trial. Dr. Harju's testimony was based upon the assumption that, in the future, Mrs. Brandao would incur medical expenses at the same rate she did for the three and one-half years between the date of the accident and the time of trial. The parties stipulated that Mrs. Brandao's prescription medicine expenses for the 3 ½ year period totaled $2,843.02. Dr. Harju calculated that Mrs. Brandao's future prescription expenses alone would be $14,496 and projected that future medical expenses annualized for her life expectancy and reduced for present value would be $267,899.
Dr. McBeath, Mrs. Brandao's treating physician, strongly recommended that she undergo cognitive rehabilitation. As of trial, Mrs. Brandao had begun some cognitive therapy under Dr. McBeath's direction. Dr. Goebel, Wal-Mart's expert in neuropsychology, testified that a patient such as Mrs. Brandao could benefit from cognitive rehabilitation and noted that this treatment could sometimes take on or two years.
In light of the above, and considering that the jury was presented evidence that Mrs. Brandao's past medical expenses were approximately $35,000, we cannot say that the jury erred in awarding Mrs. Brandao $31,000 for future medical expenses.
Conclusion
For the reasons set forth above, the judgment of the trial court is amended to award plaintiff, Timothy Brandao, $225,000 for loss of consortium and to increase the past medical expenses awarded to plaintiff, Theresa Brandao, from $25,000 to $34,908.55. In all other respects, the judgment is affirmed. All costs, here and below, are assessed to defendant, Wal-Mart Stores, Inc.
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