Parkins v. United States

842 F. Supp. 617, 1993 U.S. Dist. LEXIS 19136, 1993 WL 566731
Procedural entryThis page is a short order in Parkins v. United States. Read the opinion of the Court — 834 F. Supp. 569
District Court, D. Connecticut·Decided November 17, 1993·No. Civ. No. 5-88-354 (WWE)·Published

Opinion

SUPPLEMENTAL MEMORANDUM OF DECISION

EGINTON, Senior District Judge.

Helen Parkins brought this action individually and as Executrix of the estate of her deceased husband, Frederick Parkins, under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (“FTCA”). The Amended Complaint alleges that because of the negligence of the doctors at the Veterans Administration Medical Center (‘VAMC”) in West Haven, Connecticut, Mr. Parkins became paralyzed and eventually died. Mrs. Parkins also included a claim for loss of consortium.

After five days of trial, the court issued a Memorandum of Decision and entered Findings of Fact and Conclusions of Law, pursuant to Fed.R.Civ.P. 52(a). The court found that Dr. Cambria of the VAMC failed to properly inform Mr. Parkins of the risk of paralysis before obtaining Mr. Parkins’ consent to thoracoabdominal surgery and that Mr. Parkins would not have consented to the surgery if he had known that there was a one in ten chance of paralysis. The court found in favor of Mrs. Parkins on her loss of consortium claim. The court also determined that plaintiffs could not prevail on their wrongful death claim.

At the instruction of the court, the parties filed supplemental memoranda addressing the issue of damages. Plaintiffs seek damages for lost wages, expenses for various equipment and home renovations, pain and suffering and loss of consortium. In deter[619]*619mining an appropriate damages award, the court incorporates the facts found in the original Memorandum of Decision dated August 25, 1993.

DISCUSSION

It is well settled that in an action brought under the FTCA, damages are determined in accordance with the law of the state in which the wrongful act or omission occurred. Powers v. United States, 589 F.Supp. 1084, 1102 (D.Conn.1984). Under Connecticut law, a plaintiff in a negligence action may recover past and future medical expenses, lost wages, and damages for pain and suffering. Delott v. Roraback, 179 Conn. 406, 426 A.2d 791 (1980). Connecticut law also permits a spouse to recover for loss of consortium occurring during the period between the accident and the death of the accident victim. Ladd v. Douglas Trucking Co., 203 Conn. 187,189, 523 A.2d 1301 (1987).

Lost Wages

Plaintiffs seek to recover $58,240.00 in lost wages. They arrive at this figure by claiming that if Mr. Parkins had not suffered paralysis, he would have maintained an hourly pay of $7.00 and worked forty hours per week for four years. Defendant does not dispute that Mr. Parkins would have maintained full-time employment at $7.00 per hour. Instead, defendant contends that the amount of lost wages must reflect Mr. Par-kins’ life expectancy in the event that he declined thoracoabdominal surgery.

The evidence presented at trial indicates that if Dr. Cambria had fully apprised Mr. Parkins of the risk of paralysis associated with thoracoabdominal surgery, Mr. Parkins would not have consented to the operation. Mr. Parkins would have accepted the greater likelihood of death. The government adduced expert testimony addressing the risk of death in the event that Mr. Parkins declined surgery. Without surgery, Mr. Par-kins faced an annual risk of nearly 20% that the abdominal portion of his aneurysm would rupture. A rupture of this nature would most certainly result in Mr. Parkins’ death. Scientific studies further indicated that patients with thoracoabdominal aneurysms who opt not to have surgery face a 76% chance of death within two years.

After careful review of the evidence, the court finds that if Mr. Parkins had declined thoracoabdominal surgery, he would not have maintained employment for four years. In fact, it is unlikely that Mr. Parkins would work more than an additional two years. Therefore, without thoracoabdominal surgery, Mr. Parkins’ life expectancy was two years from December 3, 1985, the date on which Dr. Cambria detected the disease. Plaintiffs are entitled to lost wages for two years of full time employment at $7.00 per hour, i.e., $29,120.00.1

Miscellaneous Economic Damages

Plaintiffs also seek to recover economic damages resulting from Mr. Parkins’ paralysis. Specifically, plaintiffs claim that Mr. Parkins’ paralysis necessitated the renovation of the Parkins’ home and the purchase of special equipment. At trial, plaintiffs offered undisputed evidence establishing the

following expenses:
Elevator Installation: $12,850.00
Architectural Services: $ 938.00
Construction on Home: $32,998.00
Handicap Equipped Van: $19,477.87
Electric Scooter: $ 3,184.90
TOTAL: $69,448.77

The court finds, and defendant concedes, that these expenses are reasonable. Because these expenses resulted from the lack of informed consent, the court will award plaintiffs $69,448.77 in miscellaneous economic damages.

Pain and Suffering

Plaintiffs seek damages for Mr. Par-kins’ pain and suffering. They claim that an appropriate award should include (1) $50,000 for the period of hospitalization at the VAMC, in West Haven, Connecticut, (2) $70,-000 for the period of hospitalization at the VAMC, in Bronx, New York, and (3) $500,000 [620]*620Plaintiffs seek damages for Mr. Par-kins’ pain and suffering. They claim that an appropriate award should include (1) $50,000 for the period of hospitalization at the VAMC, in West Haven, Connecticut, (2) $70,-000 for the period of hospitalization at the VAMC, in Bronx, New York, and (3) $500,000

A trial court may award damages for pain and suffering if the trier of fact has a reasonable basis for estimating an appropriate amount. An award of damages for pain and suffering is within the province of the trier of fact. Vajda v. Tusla, 214 Conn. 528, 533, 572 A.2d 998 (1990). “Proper compensation cannot be computed by a mathematical formula, and there is no iron-clad rule for the assessment of damages.” Manning v. Michael, 188 Conn. 607, 616, 452 A.2d 1157 (1982).

It is necessary to revisit the facts of this case in order to reach an appropriate damages award for pain and suffering. Mr. Par-kins was sixty-one years old when he was rendered paralyzed in December, 1985. Before his paralysis, Mr. Parkins enjoyed an active life. He held a full-time job and devoted his free time to family events and to various outdoor activities. Of course, Mr. Parkins lifestyle changed drastically due to his paralysis. Under the circumstances, the court finds that damages for pain and suffering are clearly warranted.

The more vexing question is how to quantify Mr. Parkins’ pain and suffering. To value Mr. Parkins’ pain and suffering it is useful to estimate Mr. Parkins’ pain and suffering in terms of three distinct phases in his post-surgery life.

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Parkins v. United States, 842 F. Supp. 617, 1993 U.S. Dist. LEXIS 19136, 1993 WL 566731 (D. Conn. 1993).

842 F. Supp. 617 (Parkins v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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