By a 28-2 vote, the Missouri Senate passed a bill to restore punitive damage caps in medical malpractice cases.
SB 239, sponsored by Sen. Dan Brown, an NFIB/Missouri member, would cap non-economic damage claims at $400,000. It also would add a second tier for catastrophic injuries like paralysis, brain injuries or death.
There is still no ceiling on economic claims.
This bill also calls for the caps to increase by 1.7% each year. This bill represents a compromise by the medical, business and trial bar communities.
The state previously had caps but they were overturned by the Supreme Court in 2012. NFIB testified in favor of this bill because it gets at the heart of medical costs and availability of physicians.
The bill now goes to the House for consideration.