HERMAN v. MILWAUKEE CHILDREN'S HOSPITAL

No. 83-1450.

121 Wis.2d 531 (1984)

361 N.W.2d 297

Regena HERMAN, a minor, by Guardian and Litem, Ted M. Warshafsky; Gene Herman; Nancy Herman; and Wisconsin Employers Insurance Company, Plaintiffs-Respondents, and Cross-Appellants, v. MILWAUKEE CHILDREN'S HOSPITAL, a Wisconsin nonprofit organization; and Wisconsin Hospital Association Optional Segregated Account, Defendants-Respondents, Co-Appellants and Cross-Respondents, WISCONSIN PATIENTS COMPENSATION FUND, Defendant and Third-Party Plaintiff-Appellant, Marvin GLICKLICH, M.D.; Steven Kappes, M.D.; and Wisconsin Health Care Liability Insurance Plan, Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 19, 1984.


Attorney(s) appearing for the Case

For defendants-respondents, co-appellants and crossappellants Milwaukee Children's Hospital and Wisconsin Hospital Association Optional Segregated Account the cause was submitted on the briefs of Purtell, Purcell, Wilmot & Burroughs, S.C., with John A. Nelson of counsel, of Milwaukee.

For the defendant and third-party plaintiff-appellant Wisconsin Patients Compensation Fund the cause was submitted on the briefs of Kasdorf, Dall, Lewis & Swietlik, S.C., with John M. Swietlik and Michael A. Mesirow of counsel, of Milwaukee.

For plaintiffs-respondents and cross-appellants the cause was submitted on the briefs of Warshafsky, Rotter, Tarnoff, Gesler & Reinhardt, S.C., with Ted M. Warshafsky of counsel, of Milwaukee.

For third-party defendants-respondents Marvin Glicklich, M.D., Steven Kappes, M.D. and Wisconsin Health Care Liability Insurance Plan the cause was submitted on the briefs of James G. Doyle and Timothy J. Strattner of Milwaukee.

Before Wedemeyer, P.J., Moser and Sullivan, JJ.


SULLIVAN, J.

The Wisconsin Patients Compensation Fund (the Fund) appeals from a judgment awarding more than $3,000,000 to Regena Herman (Regena) and her parents, Gene and Nancy Herman. Milwaukee Children's Hospital co-appeals from that judgment. Regena, Gene and Nancy Herman and Wisconsin Employers Insurance Company (collectively, the Hermans) cross-appeal from the same judgment. We reverse on the ground of excessiveness the award to Regena of $2,609,000 for past...

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