Gavello v. Millman
Gary Gavello, a 63-year-old father of three young children, died a few days after undergoing surgery. A jury determined that Gavello’s anesthesiologist, Dr. Bernard Millman, was negligent and 20 percent responsible for Gavello’s death. The jury also determined that Gavello’s wife and children (plaintiffs) suffered $2,977,830.50 in economic damages and $1 million in non-economic damages. The trial court capped non-economic damages at $250,000, pursuant to Civil Code section 3333.2 (section 3333.2), a provision of the Medical Injury Compensation Reform Act (MICRA), and it also reduced the economic damages award to account for a prior settlement with Gavello’s surgeon. The resulting judgment awarded plaintiffs $2,105,330.50, plus costs and prejudgment interest.
On appeal, Millman contends that the trial court committed reversible error by refusing to instruct the jury to consider whether intentional or criminal conduct by the nurse who provided Gavello’s post-operative care was a superseding cause of Gavello’s death.[1] Pursuant to a cross-appeal, plaintiffs contend that section 3333.2 is unconstitutional and, even if the MICRA cap on non-economic damages is lawful, the trial court miscalculated the amount of damages that plaintiffs may recover from Millman. We reject all of these contentions and affirm the judgment.
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