McDougald v. Garber

Emma McDougald (plaintiff) suffered severe brain damage and fell into a permanent coma after being deprived of oxygen during a Cesarean section and tubal ligation performed by Garber and anesthesiologists Armengol and Kulkarni (defendants). McDougald and her husband sued for malpractice, and a jury awarded her $1,000,000 for conscious pain and suffering and a separate $3,500,000 for loss of the pleasures and pursuits of life, along with other damages; the trial judge later reduced these nonpecuniary awards to a combined $2,000,000. The defendants appealed, arguing McDougald could not recover for loss of enjoyment of life without proof she was conscious of that loss, just as the parties agreed she could not recover for pain and suffering without proof of consciousness.