SHANNON REILLY, ETC. res-ap, v. ST. CHARLES HOSPITAL AND REHABILITATION CENTER, APPELLANT-res — (INDEX NO. 17904/03)In an action, inter alia, to recover damages for medical malpractice, etc., the defendant appeals from a judgment of the Supreme Court, Suffolk County (Garguilo, J.), entered January 31, 2014, which, upon remittitur from this Court by decision and order dated February 22, 2011 (see Reilly v. Ninia, 81 AD3d 913), upon a jury verdict finding it at fault for injuries sustained by the plaintiff Shannon Reilly and awarding damages to that plaintiff, and upon an order of the same court dated September 13, 2013, denying those branches of its motion pursuant to CPLR 4404(a) which were to set aside the jury verdict on the issue of liability and for judgment as a matter of law or, in the alternative, for a new trial on the ground, inter alia, that the verdict on the issue of liability was contrary to the weight of the evidence and in the interest of justice, and granting those branches of the motion which were to set aside, as excessive, the verdict on the issue of damages only to the extent of reducing the principal sums of damages awarded for (a) future medical care from $382,371 for a period of 55 years to $236,374.80 for a period of 34 years, (b) future medications from $2,279,185 for a period of 55 years to $1,408,950.80 for a period of 34 years, (c) future physical and occupational therapy from age 21 from $3,566,599 for a period of 44 years to $1,864,358.60 for a period of 23 years, (d) future speech therapy from age 21 from $1,188,864 for a period of 44 years to $621,450.70 for a period of 23 years, (e) future medical equipment from $1,114,082 for a period of 55 years to $688,705.30 for a period of 34 years, (f) future medical supplies from $826,684 for a period of 55 years to $511,041.03 for a period of 34 years, (g) future loss of earning capacity from $5,462,330 to $4,400,000, (h) past pain and suffering from $10,000,000 to $400,000, and (i) future pain and suffering from $82,500,000 to $6,500,000, is in favor of the plaintiffs and against it, and the plaintiffs cross-appeal, as limited by their brief, on the ground of inadequacy, from stated portions of the same judgment.
ORDERED that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provisions thereof awarding damages for future medical care, future medications, future physical and occupational therapy from age 21, future speech therapy from age 21, future medical equipment, future medical supplies, future loss of earning capacity, past pain and suffering, and future pain and suffering; as so modified, the judgment is affirmed, those branches of the defendant’s motion pursuant to CPLR 4404(a) which were to set aside, as excessive, so much of the jury verdict as awarded the plaintiff Shannon Reilly damages in the principal sums of $3,566,599 for a period of 44 years for future physical and occupational therapy from age 21, $1,188,864 for a period of 44 years for future speech therapy from age 21, and $5,462,330 for future loss of earning capacity are denied, so much of the jury verdict as awarded those sums for those damages is reinstated, the order dated September 13, 2013, is modified accordingly, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial on the issue of damages for future medical care, future medications, future medical equipment, future medical supplies, past pain and suffering, and future pain and suffering only, unless within 30 days after service upon the plaintiffs of a copy of this decision and order, the plaintiffs shall serve and file in the office of the Clerk of the Supreme Court, Suffolk County, a written stipulation consenting to reduce the principal sums of damages awarded for (a) future medical care from $382,371 for a period of 55 years to $105,452 for a period of 34 years, (b) future medications from $2,279,185 for a period of 55 years to $1,668,991 for a period of 55 years, (c) future medical equipment from $1,114,082 for a period of 55 years to $719,506 for a period of 34 years, (d) future medical supplies from $826,684 for a period of 55 years to $533,898 for a period of 34 years, (e) past pain and suffering from $10,000,000 to $750,000, and (f) future pain and suffering from $82,500,000 to $3,500,000, and to the entry of an amended judgment accordingly; in the event that the plaintiffs so stipulate, the judgment, as so reduced, modified, and amended, is affirmed, without costs or disbursements; in the event that the plaintiffs do not so stipulate, an appropriate amended judgment shall be entered following the new trial on issue of damages for future medical care, future medications, future medical equipment, future medical supplies, past pain and suffering, and future pain and suffering.
