Zimmerman v. New York City Health & Hospitals Corp.

OPINION OF THE COURT

Silverman, J.

In this case the jury found that there was no informed consent to the surgery performed on the infant plaintiff; the jury awarded the infant plaintiff, Donna Zimmerman $250,000 damages and awarded to the plaintiff mother Barbara Zimmerman for loss of services the sum of $50,000. The Trial Judge thought that the verdict of $250,000 to the infant plaintiff was “shockingly inadequate” and granted that plaintiff’s motion for a new trial as to damages only unless defendant consented to increase the verdict of $400,000. The trial court also directed a new trial as…