HARKER et al v. CHAN et al
| IAN HARKER, CORRADINA BALDACCHINO and GH |
| JOHN O. CHAN, M.D., CONEMAUGH MEMORIAL MEDICAL CENTER, CONEMAUGH PHYSICIAN GROUP, CONEMAUGH HEALTH SYSTEM, INC. and DUKE LIFEPOINT HEALTHCARE |
| 3:2015cv00277 |
| October 29, 2015 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cambria |
| Kim R. Gibson |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
96
MEMORANDUM OPINION AND ORDER - upon consideration of the Defendants' Motion for Post-Trial Relief (ECF No. 77 ), and for the reasons set forth in the accompanying memorandum, IT IS HEREBY ORDERED that Defendants' Motion is GRANTED in PART and DENIED in PART as follows: 1. The motion is DENIED with respect to Defendants' motion for a new trial. 2. The motion is GRANTED with respect to Defendants' motion for remittitur. The Court HEREBY REMITS $27,750,000 of the jury� 39;s $43,750,000 compensatory damage award, for a post-remittitur compensatory damage award of $16,000,000. The Court does not disturb the stipulated economic damage award of $3,283,579. Accordingly, the final award following remittit ur is $19,283,579. 3. The Plaintiffs have fourteen days from the date of this order to accept or reject the remitted verdict. Plaintiffs must docket their decision via CM-ECF. If the Plaintiffs reject the remitted verdict, the Court will schedu le a new trial on damages. 4. Additionally, Plaintiffs' Motion for Delay Damages (ECF No. 76 ) is DENIED as MOOT because said motion is based off of the pre-remittitur verdict figure. If Plaintiffs accept the remitted award, they shall have seven days from the date of that acceptance to file a renewed motion for delay damages, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 7/27/2018. (dlg)
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