Burnette v. Eubanks & Paincare, P.A.

425 P.3d 343 (2018)

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Nature of the Case

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Facts

Before his death, Joel (P) sued Ds alleging negligence in administering epidural steroid injections for back pain. P claimed he told Ds about a painful lump on his back, but D dismissed the concern and gave him an injection through the infected lump-failing to diagnose and medically treat his spinal epidural abscess. From this, P claimed he developed spinal meningitis, significant permanent nerve damage, and arachnoiditis. About four years after the injection, P committed suicide. P left his parents a note explaining he 'couldn't live one more day with this pain.' He wrote, 'I tried. So damn hard. I tried. For three long years, I tried. And now, I'm tired. So tired. Tired of the pain. Tired of the frustration. Tired of failing. Tired. So very, very, tired.' Joel's parents, Ps, filed a wrongful death claim against Ds based on the new cause of action arising from the suicide. They continued with P's original lawsuit as a 'survival' action on behalf of his estate. A jury found Ds at fault for P's injuries and death. On the personal injury claim, the jury awarded Joel's estate $2,060,317.84, including $1,460,000 in noneconomic damages. Those noneconomic damages were reduced to $250,000 by court order. On the wrongful death claim, the jury awarded Ps $820,062. This included funeral expenses and an additional $550,000 as economic damages, which were not subject to a noneconomic damages cap in wrongful death actions. The $550,000 economic award was itemized on the verdict form as 'loss of attention, care, and loss of a complete family.' Ds appealed.