Santos-Arrieta v. Hospital Del Maestro, Inc., No. 19-1935 (1st Cir. 2021)
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The First Circuit vacated the entry of an amended judgment entered in this medical malpractice case, holding that the district court erred in granting judgment as a matter of law.
Plaintiffs, a couple and their minor child, sued Defendants, a hospital and a medical doctor, seeking damages for the brain damage that the child suffered at his birth. The jury entered a verdict of just under $5 million in favor of Plaintiffs. The hospital subsequently filed two post-trial motions - a renewed motion for judgment as a matter of law under Fed. R. Civ. P. 50(b). In granting the motion, the district court reconsidered its position at trial and struck the testimony of the only expert on future costs. The court then entered an amended judgment setting aside just over $3 million of the judgment. The First Circuit vacated the judgment below, holding that the district court erred.
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