Castro v. Melchor

Supreme Court of Hawai'i · Torts

TortsWrongful deathSurvival actionsDamageshedonic damagesloss of enjoyment of lifesurvival statuteHRS 663-7

Facts

Leah Castro was incarcerated and approximately seven months pregnant when she began experiencing vaginal bleeding after transfer within the correctional system. Although medical personnel had ordered an OB/GYN consultation and ultrasound, those orders were never carried out, and despite multiple reports of bleeding, Castro received no medical care for those complaints before her transfer. On August 10, 2007, an ultrasound confirmed that the fetus, Briandalynne, had died, and she was delivered stillborn the next day. The circuit court found the fetus had no congenital or developmental abnormalities and that timely medical care would have resulted in delivery of a live baby.

Issue

Whether, under Hawai'i's survival statute, HRS § 663-7, the estate of a stillborn viable fetus may recover hedonic damages for loss of enjoyment of life. Also, whether the record supported the circuit court's $250,000 damages award to the estate.

Rule

Under Hawai'i law, hedonic damages are recoverable noneconomic damages, and the estate of a viable unborn fetus may recover such damages in a survival action under HRS § 663-7. HRS § 663-7 is a broad remedial statute that should be liberally construed, and Hawai'i law does not require proof that the decedent consciously experienced the loss of enjoyment of life in order to recover those damages.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a county detention center in Honolulu, nurses repeatedly ignore Maya Torres's reports of heavy bleeding during the thirty-sixth week of pregnancy. Tests later show the fetus had been viable and healthy, and timely intervention would have produced a live birth, but the fetus dies before delivery. Maya, as personal representative of the fetus's estate, brings a negligence claim under Hawai'i's survival statute seeking damages for loss of enjoyment of life.

How should the court rule on the estate's request for hedonic damages?

Explanation. The majority held that Hawai'i's survival statute, HRS § 663-7, is a broad remedial statute that should be liberally construed. It permits the estate of a viable unborn fetus to recover hedonic damages for loss of enjoyment of life. The court rejected arguments that such damages require live birth or proof of conscious awareness. (Derived from Castro v. Melchor (n.d.).)