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McDonough is a victim again, this time of the move to cap jury awards. Colorado is one of the few states that limit jury awards of both economic damages (say, for lost income) and noneconomic ones (for pain and suffering). Judge Warren Martin, now retired, cut McDonough's award to $1.33 million, concluding that although his injuries merited an exception to the $1 million cap, the jury had gone too far. (Colorado's caps limit economic damages to $750,000 and pain-and-suffering awards to $250,000. The former can be increased if a plaintiff shows future economic loss...
...caps say they simplify malpractice cases and weed out frivolous claims. But they can also entangle victims of heartbreaking tragedy like McDonough. No longer able to work, he spends his days doing crossword puzzles and preparing again for court. That was not the intention of the first jury, whose award was based not on mere sympathy but on calculations of McDonough's direct financial burden. According to foreman Joanne Kramer, in arriving at the $5.8 million in damages, the jury considered everything from home health-care aides to a van, a wheelchair, the loss of his home and the loss...
...rates, squeezed profits and price hikes in the mid-1970s and again in the mid-'80s. Zuk, who enrolled in law school in the '70s just to learn torts, says ballooning malpractice claims make the current crisis worse than previous ones. From 1997 to 2001, the median malpractice jury award doubled, to $1 million, but that counts results only in the 1% of lawsuits that are won by plaintiffs. The number of malpractice suits has remained stable, and although some states have seen sharp jumps, the average claim payment has grown about 8% a year, close to the rate...
...season despite contemplating taking a year off to train for the 2004 Olympics. Jantzen once again placed third at the NCAA tournament, was a first team All-Ivy selection, was named an All-Ameican for the second consecutive year, won the Eastern Intercollegiate Wrestling Association championship and was awarded Most Outstanding Wrestler and the award for hardest worker awards from his teammates...
Freshman Max Meltzer (133 lbs.) and senior Robert Griffin were the other two Crimson wrestlers to garner high honors this season. Meltzer was awarded the Most Promising Freshman award by his teammates, a second team All-Ivy selection by the league, and a fifth place finish at EIWA Championships. Griffin also finished fifth at EIWAs, and was an All-Ivy honorable mention along with classmate O’Donnell...