A Philadelphia judge ordered a new trial in a $45 million malpractice case against Temple Health on Dec. 5, calling the jury's original verdict in August "exorbitant." The case involves a patient who suffered brain damage after aspirating food following hospital discharge.
"The jury clearly either made a mistake in their calculations or were swayed by sympathy or some other improper basis for decision making, as the award simply does not align with the evidence presented," Common Pleas Court Judge Glynnis Hill wrote in his ruling.
The case involves Dylan Hernandez, who was 15 in 2020 when he was treated at Temple University Hospital in Philadelphia after being shot in the neck. Less than two days after being discharged, he aspirated food, depriving his brain of oxygen and causing significant brain damage.
The central issue in the case was whether Temple staff properly assessed Mr. Hernandez's ability to swallow and whether his mother received adequate care instructions before he was discharged. Attorneys for the plaintiff argued that medical staff failed to observe him eating before releasing him, while Temple claims Mr. Hernandez and his mother did not follow provided instructions on what foods were safe to eat.
While the jury found Mr. Hernandez negligent, they concluded he was not liable for his injury — a decision Mr. Hill described in his ruling as lacking "logical or legal sense." The initial verdict awarded $39.1 million for medical expenses and more than $5 million for lost earnings and noneconomic damages, The Legal Intelligencer reported.
"We are grateful for Judge Hill's thoughtful decision, determining that this verdict was inconsistent with the evidence and that it was excessive," John Ryan, executive vice president of general counsel and chief human resources officer, said in a Dec. 11 statement to Becker's. "Here at Temple Health, we continue to be focused on dedicating our resources to improving the health of the members of our community."
Representatives for Mr. Hernandez told The Philadelphia Inquirer they believe the Superior Court will reinstate the jury's original verdict on appeal.