Judd v. Drezg

103 P.3d 135 (2004)

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Nature of the Case

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Facts

Athan Montgomery was born with severe brain damage as a result of D's incompetence in his failed attempt to deliver Athan with the use of forceps. P sued D. The jury awarded Athan $22,735.30 for amounts already expended to maintain his life, and $1,000,000 as the amount necessary to maintain his life during his expected--although shortened--lifespan. The jury also awarded Athan $1,250,000 of so-called 'noneconomic' damages in recognition of the difference between a life as a normal, healthy boy, and a life as he must now live it: severely brain damaged, with drastically reduced life experiences and expectations. In 1986, the legislature enacted a statutory limitation on some forms of damages recoverable by victims of medical malpractice actions. The statute applies only to those who have sustained over $250,000 in damages. The trial court reduced the jury's award to $250,000. P appealed. D argues that the trial court correctly reduced Athan's quality of life damages based on the statutory cap.