Punitive Damages Nixed From $10.5M Medical Sponge Verdict

By Mike Curley (January 11, 2022, 2:14 PM EST) -- A Kentucky appeals court has ordered a new trial on punitive damages in a suit alleging a Louisville hospital left a surgical sponge in a patient for five years, partially reversing a $10.5 million verdict against the hospital and its doctors.

In an opinion published Friday, the panel vacated the $1 million in punitive damages awarded to the estate of Carolyn Boerste, but left alone the remaining $9.5 million verdict against University Medical Center Inc., which runs the University of Louisville Hospital.

According to the opinion, Boerste underwent an aortobifemoral bypass surgery in March 2011 to improve circulation in her extremities,...

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