2009AP1752 Worden, et al. v. Injured Patients and Families Compensation Fund, et al.

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Torts
Medical malpractice; damages

Autumn Worden and her parents (Worden) appeal a judgment awarding them damages in a medical malpractice action and an order denying their postverdict motions. Worden argues the jury awarded inadequate damages for her (1) past and future pain and suffering and loss of enjoyment of life, (2) future lost earnings, and (3) parents’ past and future loss of society and companionship. We agree and remand for a new trial on those items of damages. Worden also argues that not all of her “future life care plan expenses” constituted medical expenses subject to the Wis. Stat. § 655.015 requirement that the funds be held in trust in the Injured Patients and Families Compensation Fund.[1] We disagree and affirm the court’s order in this respect.

In a cross-appeal, Dr. Debra Stockwell, Ministry Medical Group, and Physicians Insurance Company of Wisconsin (Stockwell) argue the trial court erred by granting the jury’s request to view certain documents and by limiting voir dire. Stockwell also argues the evidence did not support the jury’s verdict regarding causation. We affirm on each of these issues. Not recommended for publication in the official reports.

2009AP1752 Worden, et al. v. Injured Patients and Families Compensation Fund, et al.

Dist III, Oneida County, Fox, J., Hoover, P.J.

Attorneys: For Appellant: Sager, Steven P., Fond du Lac; DeVries, Martin J., Fond du Lac; For Respondent: Laufenberg, Lynn R., Milwaukee; Lowe, David P., Milwaukee; LaDien, Joseph, Milwaukee; Janet, Howard A., Baltimore, MD; Offutt, Steven C., Baltimore, MD

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