Cynthia E.Yebuah v. Center For Urological Treatment, PLC

Citation:

Court: Tennessee Supreme Court · Filed: 2021-06-02 · Docket: M2018-01652-SC-R11-CV
Published
Impact Score: 0/100 — Low impact: This case is narrowly focused with minimal precedential value.

Case Overview

Cynthia E.Yebuah v. Center For Urological Treatment, PLC is a court opinion from the Tennessee Supreme Court, filed on 2021-06-02 (Docket No. M2018-01652-SC-R11-CV).

Precedential Status: Published. This opinion may be cited as authority in future cases.

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Court Syllabus

This is a healthcare liability action involving the application of the statutory cap on noneconomic damages to loss of consortium claims. The issue before the Court is whether the statutory cap on noneconomic damages applies separately to a spouse's loss of consortium claim pursuant to Tennessee Code Annotated section 29-39-102, thus allowing each plaintiff to receive an award of up to $750,000 in noneconomic damages. Here, the surgery patient filed suit for noneconomic damages resulting from the defendant physicians' negligence, namely that a portion of a Gelport device was unintentionally left in her body after surgery. In the same suit, the patient's spouse claimed damages for loss of consortium. The jury awarded the patient $4,000,000 in damages for pain and suffering and loss of enjoyment of life. The jury also awarded her husband $500,000 in damages for loss of consortium. The trial court initially applied the statutory cap on noneconomic damages by entering a judgment in favor of both plaintiffs collectively for a total judgment of $750,000. However, the trial court subsequently granted the plaintiffs' motion to alter or amend and applied the statutory cap to each plaintiff separately, thereby entering a judgment of $750,000 for the patient and $500,000 for her husband. The Court of Appeals affirmed. We hold that the language of Tennessee Code Annotated section 29-39-102 allows both plaintiffs to recover only $750,000 in the aggregate for noneconomic damages. We therefore reverse the holding of the Court of Appeals and the trial court.

Case Details

Case NameCynthia E.Yebuah v. Center For Urological Treatment, PLC
Citation
CourtTennessee Supreme Court
Date Filed2021-06-02
Docket NumberM2018-01652-SC-R11-CV
Precedential StatusPublished
Impact Score0 / 100
Jurisdictiontn

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