The decision rejected arguments from the defense seeking to exclude from the delay damages several months when the courts in Pennsylvania were closed under emergency shutdown orders due to the COVID-19 pandemic…law.com, $1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures, Max Mitchell, Feb 2022
In November, a Philadelphia jury found neurosurgeon Kevin Judy and Thomas Jefferson University Hospital to be 43% and 15% liable, respectively, for the injury Brassloff sustained while undergoing surgery to remove a benign brain tumor.
Brassloff’s injury occurred when the tip of the now-recalled NeuroBlate 2.2 mm SideFire broke off and caused pressurized carbon dioxide to release into his brain.
Following the procedure, Brassloff remained in a coma for several days.
He slowly regained consciousness and movement but continues to suffer cognitive and mobility impairments and seizures.
At the close of the trial, the jury awarded $5 million for noneconomic damages, $1.6 million to Brassloff’s wife for loss of consortium, and $3.1 million for future medical expenses.
Following the verdict, the plaintiffs sought delay damages.
However, the defendants argued that the delay damages should be limited in part because Pennsylvania courts were shut down from March until May 2020 which was rejected.