(108) There, the Second Department reduced a pain and suffering award to $2.5 million, or a ceiling $500,000 lower than what the court sustained just four months later in Capwell.
(146) The Second Department reduced these awards to $2.5 million each, for a total pain and suffering award of $5 million.
(148) Thus, it is unclear why the Second Department affirmed a total pain and suffering award in Nunez of $500,000 more than in Belt, despite the older age of the plaintiff in Nunez.
The total award was reduced to $1,531,082 when the pain and suffering award
was cut to $650,000 under the state's statutory cap.
In 1999, the Oregon Supreme Court struck down as unconstitutional a $500,000 cap on pain and suffering awards
in medical malpractice cases.
Pain and suffering awards
are usually a multiple of medical bills, which means they create a built-in incentive to perpetrate fraud--i.e.
influenced pain and suffering awards compared to no damage
Wogalter, Pain and Suffering Awards for Consumer Product
involved pain and suffering awards
that equaled or exceeded $1 million,
In the long term, however, the unpredictability and arbitrariness of pain and suffering awards led to calls for restricting noneconomic damages.
Second, courts recognized that pain and suffering awards were inherently subjective because jurors had no real standard against which to measure them.
Many expected that other states would follow New Jersey's lead and help bring a halt to large pain and suffering awards. The NACCA was quick to condemn the decision.