Paruolo v. Northern Westchester Medical Center

Plaintiff suffered 3rd degree burns to his elbow due to a defective operating room light while undergoing orthopedic elbow surgery. He required skin grafts and suffers from residual pain in both the area that was burned, the donor site, as well as scaring of his right arm. The skin graft of his arm, because he suffered third degree burns (the most serious burn one can sustain) lacks hair follicles, pigmentation and pores, and therefore it does not perspire and, as such, is susceptible to the development of cancer. The defendant’s took a no-pay position. Jury Verdict – $325,000. Plaintiff appealed and the Appellate Division of the Supreme Court raised the recovery to $450,000.