(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is also worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, or Sutter.
PLAINTIFFS’ TRIAL BRIEF ON “LOST YEARS” AND “SAVED COST OF NECESSITIES”
MEMORANDUM OF POINTS AND AUTHORITIES
The medical malpractice case at issue involves severe and permanent neurological injuries suffered by minor Owen Smith, at or around the time of his birth on February 21, 2000.
There will be expert testimony that the minor will never be employed. Because the minor will not be able to work, she is entitled to damages described as lost years – i.e. the time by which a plaintiff’s work life expectancy is shortened because of the injury. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The minor is entitled to a “lost years” jury instruction. The Supreme Court specifically addressed the issue of “lost years”; where a plaintiff’s work life expectancy is shortened, this loss is compensable (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137). And in August 1999, the First District reaffirmed the “lost years” damage award: Fein expressly recognized a right to recover damages for the loss of prospective earnings during the period of time by which the plaintiff’s life expectancy has been diminished. (Overly v. Ingalls Shipbuilding, Inc. (1999) 74 Cal.App.4th 164, 172.)
Any lost years award cannot be subject to periodic payments. Code of Civil Procedure section 667.7 does not apply to a “lost years” award. There are no periodic payments for lost years (Fein v. Permanente Medical Group, supra, 38 Cal.3d 137). (See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.