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Gentry v. Biddle11/2/2005
court's award of general damages in Youn v. Maritime Overseas Corp., 623 So.2d 1257, 1261 (La.1993), cert. denied, 510 U.S. 114, 114 S.Ct. 1059 (1994):
he discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages. Reasonable persons frequently disagree about the measure of general damages in a particular case. It is only when the award is, in either direction, beyond that which a reasonable trier of fact could assess for the effects of the particular injury to the particular plaintiff under the particular circumstances that the appellate court should increase or reduce the award.
Gentry was required to spend 20 days in ICU following the initial surgery to repair the damage caused by the malpractice of Dr. Biddle, and was not discharged from the hospital until two weeks later. During this time, she had a newborn infant at home. She has had a total of four surgeries. Her abdomen is clearly deformed as a result of the numerous surgeries and treatments. We find that the award is unreasonably low, and we increase the award of general damages to Claudia Reynolds Gentry to $472,500.00, an amount equal to the statutory cap less the awards to Mrs. Gentry's children.
CONCLUSION
The judgment is amended to increase the award of general damages to Claudia Reynolds Gentry from $300,000.00 to $472,500.00. In all other respects the judgment of the trial court is affirmed. Costs of this appeal are assessed to the Louisiana Patients' Compensation Fund.
AFFIRMED AS AMENDED.
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