Banks Ex Rel. Banks v. Sunrise Hosp.

*827OPINION

By the Court, Agosti, L:

On August 25, 1995, James Banks, Jr. (James), while undergoing rotator cuff surgery at Sunrise Hospital, suffered cardiac arrest. James has since that time persisted in a permanent vegetative state. James and his guardian ad litem, Otho Lee Banks (collectively, Banks) sued Sunrise Hospital, the surgeon and the anesthesiologist. The surgeon and anesthesiologist settled with Banks shortly before trial. A jury found Sunrise liable for James’s injury and awarded substantial damages. Subsequently, the district court reduced the jury award by the sums paid by the…