Missouri Supreme Court
A jury awarded $2.58 million, including $1 million in noneconomic damages, in a medical malpractice action against a presiding physician and hospital for plaintiff’s contraction of a staph infection which resulted in multiple amputations. The circuit court initially ruled that the 2005 statute, which placed a new noneconomic damages cap at $350,000 for medical malpractice actions, was constitutional and applied to those defendants who were included in the cause of action after the law took effect. The case was appealed to the Eastern District Court of Appeals, which transferred it to the Missouri Supreme Court to determine the constitutionality of the cap.
Status: DECIDED. Amicus brief filed 11/4/09. Court ruled damage cap did not apply in this matter.