Van Ness v. New York City Transit Authority

In Van Ness v. New York City Transit Authority, 288 AD2d 374, 734 N.Y.S.2d 73, plaintiff had two arthroscopic surgeries to her right knee, the second surgery after pain worsened. Plaintiff there also suffered an injury to her lower back, was diagnosed with spasms and severe myofascial pain and received trigger point injections directly into the spasmatic muscle. The surgeon who performed plaintiff's second knee surgery indicated that, in the future, plaintiff would have to undergo several arthroscopies, a total knee replacement and physical therapy. The Second Department reduced the jury's award for past pain and suffering to $ 200,000 (a period of 5 1/2 years) and for future pain and suffering to $ 400,000 (for a period of 45 years).