By: Admin On: December 24, 2015 In: News, tortreform Comments: 0

LawFirm Newswire, Dec. 24, 2015

The Missouri Supreme Court is hearing a case that could determine whether wrongful death should fall under the state’s law that limits how much can be received in noneconomic damages in medical malpractice lawsuits.

The case involves the family of Shannon Dodson, who died in 2011 after heart surgery at Mercy Hospital in St. Louis, Missouri. Their lawyer argued that capping damages is unconstitutional as they serve to compensate for other forms of harm besides medical fees, lost earnings or other measurable economic damages…

Dodson’s family was awarded $9 million in noneconomic damages in Dec. 2013. However, a trial court reduced the amount to $350,000 per state laws. Governor Jay Nixon signed a bill capping such damages in medical malpractice cases earlier this year. The new law comes after the Missouri Supreme Court’s 2012 ruling that deems limits on noneconomic damages unconstitutional. The court invalidated the previous caps that had been in place since 2005.

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