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Ashmore v. Hartford Hospital, 331 Conn. 777, 208 A.3d 256

Facts

The case arose after William Ashmore underwent routine heart surgery at Hartford Hospital in 2011. Although the surgery was initially successful, he developed atrial fibrillation post-operation, and hospital staff failed to connect epicardial pacing wires, leading to cardiac arrest and subsequent death. His spouse, Marjorie Ashmore, filed a wrongful death claim as the administratrix of his estate and a separate claim for loss of consortium. The jury awarded $1.2 million for wrongful death and $4.5 million for loss of consortium, prompting the hospital to seek remittitur.

The following facts, which the jury reasonably could have found, and procedural history are relevant to our disposition of this appeal. In 2011, the decedent visited the defendant hospital for routine elective heart surgery. The surgery was completed successfully and without complication. During the procedure, the surgeon connected standard epicardial pacing electrodes to the decedent's heart to assist with heart rate and rhythm management in the event that he should experience any postoperative complications.

Issue

Whether the jury's award of $4.5 million for loss of consortium was excessive and not supported by the evidence in relation to the $1.2 million wrongful death award.

The defendant contends that, in the absence of exceptional or unusual circumstances that are not applicable in this case, a loss of consortium award ordinarily should not substantially exceed the corresponding wrongful death award to the directly injured spouse.

Rule

Loss of consortium awards in wrongful death actions should not substantially exceed the corresponding wrongful death awards unless exceptional circumstances justify such disparity.

We agree with the defendant that a spousal loss of consortium award in a wrongful death action presumptively should not be substantially greater than the wrongful death award itself.

Analysis

The court analyzed the relationship between the wrongful death award and the loss of consortium award, noting that the latter should not be disproportionately higher. The court found that the jury's award implied that the loss of consortium was 275% more devastating than the wrongful death itself, which was deemed irrational. The court emphasized that both spouses typically suffer comparable losses, and thus, the loss of consortium award should reflect that balance unless evidence suggests otherwise.

The challenge is to the disparity between the $1.2 million wrongful death award to the decedent's estate and the $4.5 million loss of consortium award that the jury awarded to the plaintiff. It is the defendant's position that this disparity, which implies that the plaintiff's loss of her spouse was $3.3 million, or 275 percent, more devastating than was his complete and total loss of all of life's enjoyments, is fundamentally irrational and must, therefore, have been the result of improper sympathy, partiality, or prejudice.

Conclusion

The Supreme Court reversed the trial court's judgment and remanded the case, indicating that the loss of consortium award was excessive and not supported by the evidence.

We also agree with the defendant that, even when the evidence is considered in the light most favorable to sustaining the verdict and the trial court's denial of remittitur, this is not among those unusual cases in which a substantially greater loss of consortium award may be justified.

Who won?

Hartford Hospital prevailed in the appeal as the Supreme Court found the loss of consortium award to be excessive and unsupported by evidence.

The defendant does not dispute that we have, in most instances, reviewed decisions to grant or deny remittitur according to this deferential standard of review.

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