Mitchel Ostrer Mithcel Ostrer

A New Jersey appeals court on Nov. 3 upheld $1.5 million in compensatory damages awarded to a brain-damaged woman whose doctor had an improper sexual relationship with her, but said the jury's decision to award her another $1.7 million in punitive damages must be revisited.

A three-judge Appellate Division panel, in an unpublished decision, said it saw no reason to disturb the compensatory damages award, even though the plaintiff, during her trial testimony, made an improper reference to a purported settlement offer allegedly made by the defendant, Dr. Jonathan Fellus.

Fellus, as a result of his sexual relationship with the plaintiff, identified only as L.S., has since had his license to practice revoked by the state Board of Medical Examiners, according to the court.