93 N.Y.2d 592 (1999)
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In cases involving structured judgments for future damages, the annual payments should be based on the undiscounted future value of the award, the statutory additur is included when calculating attorneys’ fees, and Social Security survivor benefits should offset the damage award.
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Summary
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This case addresses three key issues in calculating damages under New York’s structured judgment statutes (CPLR Articles 50-A and 50-B): whether annual payments should be based on the future or present value of future damages, whether the 4% statutory additur should be included before calculating attorneys’ fees, and whether Social Security survivor benefits should offset the award. The Court of Appeals held that annual payments must be based on the undiscounted future value to fully compensate plaintiffs, the additur is included in attorneys’ fees calculations, and survivor benefits should offset awards to prevent double recovery.
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Facts
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Bryant: Dorothy Roberts died following a cesarean section due to the hospital’s negligence. Troy Bryant, as administrator, sued New York City Health and Hospitals Corporation for medical malpractice and wrongful death. The jury initially awarded $21,150,000, but the court reduced it to $3,968,333. The dispute centered on calculating future damages and offsetting Social Security survivor benefits.
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Depradine: Kurt Depradine suffered severe brain damage at birth due to the hospital’s negligence. The jury awarded $47,418,603, which the court reduced to $9,109,692. The defendant argued for calculating the annuity contract based on the present value of future damages and excluding the 4% additur.
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Procedural History
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Bryant: Supreme Court ruled in favor of the plaintiff’s methodology for calculating damages and denied an offset for Social Security. The Appellate Division affirmed the trial court on damages calculation but ordered a further reduction for past losses and future lost parental guidance. The Court of Appeals granted leave to appeal.
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Depradine: Supreme Court upheld the plaintiff’s calculation of damages. The Appellate Division affirmed based on its decision in Bryant. The Court of Appeals granted leave to appeal.
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Issue(s)
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1. Whether the