The Supreme Court of Connecticut is now hearing an appeal and will decide just how much the negligent loss of a spouse is worth. The case in which a woman lost her husband was found in her favor by a jury in 2017, but the defendants appealed citing the excessive, $4.5 million award for loss of consortium. The appeal will be heard by and decided upon by the highest court in the state.
Medical Negligence and Wrongful Death
The plaintiff in the case, Marjorie Ashmore, lost her husband of 45 years after what was determined in the trial to be a preventable medical error. William Ashmore, 68 at the time of his death, had successful heart surgery in 2011. The surgery repaired a heart valve, and also included an external pacemaker that was supposed to detect when his heart rate slowed too much and to trigger it to accelerate.
Ashmore and her lawyers made the case that her husband died because the staff at Hartford Hospital did not connect the wires to the pacemaker. His heart rate slowed to a dangerous level, and without an operational pacemaker it slowed so much that he suffered loss of blood flow, loss of oxygen, brain damage, and ultimately death.
Loss of Consortium and Non-Economic Damages
Connecticut is one of few states that still do not have a cap placed on the amount of damages that a plaintiff can recover in a medical malpractice case. This means that a plaintiff and their lawyers can seek any amount of money to cover economic costs, like medical bills, and non-economic costs, for things like pain and suffering or emotional anguish.
In the case of the Ashmores, the legal team focused on recovering damages for loss of consortium. This is a tort that has been used in common law for centuries, and it provides compensation for someone who has lost physical companionship. In ancient times it was only granted to men whose wives were injured or killed, but over time it came to apply to women as well.
The Ashmores were high school sweethearts, were married for 45 years, and had three children. They were happily married and depended on each other for companionship as well as affection and mutual support. The plaintiff’s legal team made the case that the tight bond between the two warranted significant damages for the loss of a spouse in this instance. The jury agreed and decided that this loss was worth $4.5 million. The jury awarded that amount specifically for loss of consortium along with other damages.
Appealing Loss of Consortium Damages
The defendant, Hartford Hospital, argued that the award was excessive and unfair and appealed the case, requesting that the award be reduced. They argued that the award was excessive because it was four times the amount the jury awarded Ashmore for other non-economic damages. Her total jury award was $5.8 million. They also stated that the jury must have been compelled by corruption or by being partial.
The judge in the case refused the defendant’s request to reduce or even eliminate the jury award, resulting in the appeal that now takes the case to the Connecticut Supreme Court. The Court is expected to side with the plaintiff, as the jury decision was supported by the judge in the trial and it is unlikely to go against that judge’s decision.