## Facts

- Jane Doe, a registered nurse, worked at a New York State correctional facility.
- In 1988, Doe was required to treat an inmate known to be HIV-positive.
- During the procedure, two correction officers were present but allegedly refused to assist in restraining the inmate.
- Doe was stuck in the hand with a contaminated needle during the struggle and later contracted HIV.
- Medical proof indicated her HIV infection would likely progress to AIDS within several years, substantially shortening her life expectancy.
- Economic proof indicated she earned about $30,000 annually and that her work-life expectancy would be significantly reduced by the infection.

## Issues

1. Whether an injured plaintiff whose life expectancy is shortened by the defendant’s negligence may recover future lost wages in a personal-injury action, notwithstanding the possibility of a later wrongful-death action.
2. Whether CPLR article 50-B’s requirement to discount future damages to present value using the “discount rate in effect at the time of the award” is unconstitutionally vague or violates due process.
3. How future economic loss must be structured and discounted under CPLR article 50-B using generally accepted actuarial practices.

## Decision

- The appellate court modified the judgment to include an award for Doe’s future economic loss (future lost wages) in the personal-injury action.
- The court held that the trial court erred by denying future lost wages on the theory that such losses could be recovered later in a wrongful-death action.
- The court rejected constitutional challenges to CPLR article 50-B, holding the statutory term “discount rate” can be determined with reasonable certainty.
- The court required that future damages be structured and discounted in accordance with CPLR article 50-B, applying generally accepted actuarial practices and the discount rate in effect at the time of the award.
- As modified, the judgment was otherwise affirmed.

## Legal Principles

- A personal-injury plaintiff may recover all damages proximately caused by the injury, including future lost earnings, even if the injury shortens life expectancy.
- The availability of a potential wrongful-death action does not bar an injured plaintiff from recovering future economic loss attributable to the injury during the plaintiff’s lifetime.
- CPLR article 50-B’s present-value and structured-judgment framework is not unconstitutionally vague where its terms permit calculation with reasonable certainty through generally accepted actuarial practices.
- Trial courts must discount future damages to present value and structure payment consistent with CPLR article 50-B, using the discount rate in effect at the time of the award.

## Conclusion

The court required inclusion of future lost wages in the nurse’s personal-injury recovery despite her shortened life expectancy and upheld CPLR article 50-B’s discounting and structured-payment scheme, directing recalculation of future damages under actuarial methods using the applicable discount rate.


Doe v. State, 189 A.D.2d 199, 595 N.Y.S.2d 592 (N.Y. App. Div. 4th Dep’t 1993)