Chester County

Court Voids $10M Payout in Fatal Pa. Spinal Surgery Case

Surgery generic
NBC Bay Area

A $10 million award allotted in the death of a Pennsylvania woman following a spinal surgery was voided after the court determined the amount is not in line with others granted in similar medical malpractice cases.

The state ordered a Chester County judge to hold a new trial to determine the amount of wrongful death damages Sharon Kimble's husband and her estate should receive, Superior Court Judge Mary Murray issued in an opinion.

A trial was held in March 2018 after Kimble died hours after undergoing outpatient surgery at the Laser Spine Institute in Philadelphia. Her death was attributed to the cocktail of opioids and depressants administered to her during the operation, PennLive reported Friday.

The jury had awarded the victim's husband, Robert Kimble, $10 million in wrongful death damages. He was also awarded another $10 million in survival damages but the county judge overseeing the civil trial overturned that award.

Laser Spine Institute had appealed the money awarded. Judge Murray denied its plea but concluded that the amount awarded in damages is “far greater” than those issued in similar cases in the state. She cited examples of verdicts in other such cases that didn’t exceed $2.5 million.

The case now remains under the jurisdiction of the Chester County Court for a new trial focused specifically on the amount the institute must pay in wrongful death damages.

Copyright AP - Associated Press
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