In Suria v. Shiffman, 67 NY2d 87, 98, 490 N.E.2d 832, 499 N.Y.S.2d 913 [1986], Suria, a 54-year-old transsexual, claimed that his treating physician acted negligently in administering silicone injections into his breast and in treating a resulting infection with cortisone injections, and that he was not fully informed of the risks associated with a mastectomy to remove hard lumps or granulomata which had formed in his breasts or of the massive scarring which resulted from the surgery.

Luis Suria sustained extensive scarring and a permanent deformity, accompanied by severe pain, swelling, discoloration, and oozing in both breasts (Id. at 310, 314, 486 N.Y.S.2d 724).

The Appellate Division, First Department, found that the jury's $ 2,000,000 damages award was excessive and should be reduced to $ 800,000 (Id. at 314, 486 N.Y.S.2d 724).