70 S.W.3d 560 (Mo. App. ED)
An emergency room medical malpractice claim involving a 16 year old boy who suffered a brain injury from an infection which was not timely diagnosed and treated in the emergency room following an automobile accident. The malpractice led to a brain infection, which caused permanent motor and cognitive loss. A jury awarded $4,945,000.00 in damages. The trail court applied the statutory cap on pain and suffering damages and reduced the verdict to $3,191,534.00. That judgment was affirmed on appeal.