U.S. District Court Overturns Record Noneconomic Damage Award

The U.S. District Court for the District of Minnesota granted a conditional motion for a new trial last month regarding noneconomic damages in the case of Thapa v. St. Cloud Orthopedic Associates. The plaintiff has until November 28 to decide whether to accept a reduction of the jury’s noneconomic damages award from $110 million to $10 million. If the plaintiff agrees to the reduction, the court will enter judgment. If not, the court will set a new trial focused on the issue of noneconomic damages.

In the case, plaintiff Anuj Thapa sought care at St. Cloud Hospital for a leg injury sustained during an indoor soccer game. He was treated by an orthopedic surgeon employed by St. Cloud Orthopedic, but following surgery, he developed acute compartment syndrome. In September 2019, Thapa filed a medical malpractice lawsuit against St. Cloud Orthopedic, claiming the medical providers negligently failed to diagnose and treat his condition.

In May 2022, a jury found that St. Cloud Orthopedic had been negligent in its care and awarded Thapa $10 million for past pain, disability, disfigurement, and emotional distress; $493,073.22 for past medical expenses; $100 million for future pain, disability, disfigurement, and emotional distress; and $758,486 for future medical expenses, bringing the total award to $111,251,559.22.

St. Cloud Orthopedic appealed the decision, arguing that they deserved a new trial on liability and damages due to a “pattern of misconduct” by the plaintiff’s counsel, which they claimed aimed to inflame the jury’s passion and prejudice, resulting in an excessive verdict tainted by emotion.

The U.S. District Court rejected the argument that the plaintiff’s counsel’s statements during closing arguments unfairly influenced the jury. The court emphasized that defense counsel cannot remain silent, fail to raise objections, and then later claim comments were improper after a verdict is returned. The court found that the comments made by the plaintiff’s counsel were appropriate as part of asking the jury to decide on damages. Even if any comments were deemed erroneous, the court ruled they were not severe enough to warrant a new trial.

However, the court did agree with St. Cloud Orthopedic's assertion that the jury’s award for noneconomic damages was excessively high.

“After presiding over the trial and reviewing the transcripts, filings, and applicable law, the Court agrees with the Defendant that the $110 million awarded for noneconomic damages is shockingly excessive and requires remittitur,” wrote United States Magistrate Judge Tony N. Leung. “While the Plaintiff has endured numerous surgeries, has significant scarring, walks with a limp, and experiences ongoing pain and mobility issues, he is still able to walk and manage his daily needs. He is not confined to a wheelchair, does not need round-the-clock care, and has retained his cognitive abilities.”

After reviewing the relevant laws and similar cases, the court concluded that $10 million is the highest reasonable award for noneconomic damages in this case.

“In conclusion, the Court finds that the $110 million award for noneconomic damages is shockingly excessive,” Leung wrote. “The Court will offer the Plaintiff the option to accept a reduction to $10 million in noneconomic damages or to proceed with a new trial on the issue of noneconomic damages.”