The decision reinstates a $16.5 million noneconomic
damages verdict awarded to a Wisconsin women who lost her limbs after a delayed sepsis diagnosis, according to court documents.
- Kansas Supreme Court Justice Carol Beier, writing in the court's opinion, after it found the state's cap on damages for noneconomic
injuries in personal injury lawsuits is unconstitutional.
Wisconsin Injured Patients and Families<br />Case No.: 2018 WI 78<br />Focus: Noneconomic
Damages Medical Malpractice <br />Our review considers whether the legislatively-enacted cap of $750,000 (the cap) on noneconomic
damages for victims of medical malpractice that is set out in Wis.
The damages awarded to Celeste Newland on Thursday include $200,000 in noneconomic
damages and nearly $30,000 in past medical expenses.
Texas has a $250,000 cap for noneconomic
damages in medical malpractice cases against physicians.
House committee passed a medical professional liability reform bill to cap noneconomic
damages and impose limits on the lawyers' contingency fees, which supporters said will save taxpayers billions of dollars.
statutes regulating noneconomic
activity as beyond Congressional
The proposal, if approved by voters, would allow the Legislature to cap noneconomic
damages awarded for medical injury against health care providers, with a minimum cap of $250,000.
In 1986, Missouri Revised Statutes section 538.210 capped noneconomic
portions of jury awards in medical negligence cases at [Dollar]350,000.
The provision limits the recovery of both economic and noneconomic
In a 5-2 decision, the court held that the statute was arbitrary, reasoning that "the statutory cap on wrongful death noneconomic
damages fails because it imposes unfair and illogical burdens on injured parties."
* Limitations on Noneconomic
Damages--The defendant receives the benefit of a cap on noneconomic
damages that the arbitration panel can award.