Another Attack on the Wrongful Death Noneconomic Damage Cap Reaches the Missouri Supreme Court
Just a few short years ago, the Missouri Supreme Court upheld the wrongful death damage cap of $350,000 in noneconomic damages in medical malpractice cases. Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012). The Court found that the Missouri legislature’s sweeping 2005 “Tort Reform” bill met constitutional muster in this context because it was modifying a statutory provision that was created in 1855, years after the Missouri constitution was adopted in 1820. As such, the legislature was free to change the scope of the statute as it saw fit.
Shortly after the Sanders ruling, the Missouri Supreme Court largely abrogated the medical malpractice damage cap in other medical negligence cases that were based on common law principles. Watts v. Cox Medical Centers, 376 S.W. 3d 633 (Mo. 2012). The court found its justification in the Missouri Constitution’s guarantee of a “right of trial by jury”. The court interpreted this guarantee to bar the legislature from imposing limits on common law claims that existed when the Missouri Constitution was adopted in 1820.
Although a cursory reading of these two cases, decided within months of each other, shows a logical basis for the seemingly inequitable results, yet another wrongful death case has been transferred to the Missouri Supreme Court for clarification. In Dodson et al. v. Mercy Hospitals East Community et al., ED100952, the Eastern District Court of Appeals transferred the appeal of a $10.8 million wrongful death verdict which contained a non-economic damages component of $9 million. Despite the Eastern District’s rejection of any argument that Watts somehow overruled Sanders, the court was concerned about possible violation of state and federal equal protection guarantees.
This transfer is even more intriguing in light of the new Missouri noneconomic damage caps that are set to begin on August 28, 2015. This bill was intended to “restore” a version of the 2005 caps, but with changes that would allow the bill to withstand judicial scrutiny. The new caps will have a two-tiered system. The first tier of damage caps is $400,000, which would apply to a typical medical negligence case. In cases that are either “catastrophic” or led to a patient’s death (wrongful death actions), the cap rises to $700,000. In addition, the caps would grow by 1.7% each year.
The Missouri Supreme Court’s decision in Dodson will soon provide additional clarity regarding the legislature’s right to modify causes of action created by statute. Although it may not give much guidance as to the constitutionality of the new damage caps, we can all be assured that a new case will come along that will again allow the court to tackle this hotly contested issue.
About Missouri Law Blog
Baker Sterchi's Missouri Law Blog examines significant developments, trends and changes in Missouri law on a broad range of topics of interest to Missouri practitioners and attorneys and businesses with disputes subject to Missouri law. Learn more about the editor, David Eisenberg.
Subscribe via email
Subscribe to rss feeds
RSS FeedsABOUT baker sterchi blogs
Baker Sterchi Cowden & Rice LLC (Baker Sterchi) publishes this website as a service to our clients, colleagues and others, for informational purposes only. These materials are not intended to create an attorney-client relationship, and are not a substitute for sound legal advice. You should not base any action or lack of action on any information included in our website, without first seeking appropriate legal or other professional advice. If you contact us through our website or via email, no attorney-client relationship is created, and no confidential information should be transmitted. Communication with Baker Sterchi by e-mail or other transmissions over the Internet may not be secure, and you should not send confidential electronic messages that are not adequately encrypted.
The hiring of an attorney is an important decision, which should not be based solely on information appearing on our website. To the extent our website has provided links to other Internet resources, those links are not under our control, and we are not responsible for their content. We do our best to provide you current, accurate information; however, we cannot guarantee that this information is the most current, correct or complete. In addition, you should not take this information as a promise or indication of future results.
Disclaimer
The Missouri Law Blog is made available by Baker Sterchi Cowden & Rice LLC for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Your use of this blog site alone creates no attorney client relationship between you and the firm.
Confidential information
Do not include confidential information in comments or other feedback or messages related to the Missouri Law Blog, as these are neither confidential nor secure methods of communicating with attorneys. The Missouri Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.