Opinion
Argued April 6, 2000.
May 15, 2000.
In an action to recover damages for medical malpractice, the defendant appeals from a judgment of the Supreme Court, Kings County (Jackson, J.), dated May 5, 1999, which, upon a jury verdict in favor of the infant plaintiff and against it awarding the infant plaintiff damages in the principal sum of $750,000 ($250,000 for past pain and suffering and $500,000 for future pain and suffering), is in favor of the plaintiff and against it.
David Hoffman, P.C. (Mauro Goldberg, Great Neck, N.Y. [Kenneth Mauro, Barbara Goldberg, and Katherine E. Herr] of counsel), for appellant.
Tantleff, Cohen Tantleff, P.C., Brooklyn, N.Y. (Edward D. Tantleff of counsel), for respondent.
DANIEL W. JOY, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Contrary to the defendant's contention, the plaintiffs adduced sufficient evidence from which a jury could rationally conclude that the infant plaintiff's injuries were proximately caused by the defendant's departure from good and accepted medical practice (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498-499; Mortensen v. Memorial Hosp., 105 A.D.2d 151, 158). Moreover, the verdict is based upon a fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129).
The award of damages did not deviate from what would be reasonable compensation under the circumstances (see, CPLR 5501[d]; Stevens v. Bronx Cross County Med. Group, 256 A.D.2d 165).
JOY, J.P., FLORIO, H. MILLER and SMITH, JJ., concur.