Forum

Missouri Supreme Court

Case Status

Decided

Docket Number

90107

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Case Updates

Missouri Supreme Court rules on noneconmic damages cap

March 23, 2010

NCLC urged the Missouri Supreme Court to hold that the state’s noneconomic damages cap is not unconstitutional. In this case, a retiree was awarded more than $1 million in noneconomic damages after developing a staph infection. The plaintiff, who had to have a leg amputated and a kidney removed, claimed the infection resulted from the negligence of the hospital at which he was being treated. In its brief, NCLC argued that the noneconomic damages cap reflects the Missouri legislature’s intent to limit tort liability. Without noneconomic damage caps, trial lawyers will use medical malpractice claims to cash in on plaintiffs’ suffering.

U.S. Chamber files amicus brief

November 04, 2009

NCLC urged the Missouri Supreme Court to hold that the state’s noneconomic damages cap is not unconstitutional. In this case, a retiree was awarded more than $1 million in noneconomic damages after developing a staph infection. The plaintiff, who had to have a leg amputated and a kidney removed, claimed the infection resulted from the negligence of the hospital at which he was being treated. In its brief, NCLC argued that the noneconomic damages cap reflects the Missouri legislature’s intent to limit tort liability. Without noneconomic damage caps, trial lawyers will use medical malpractice claims to cash in on plaintiffs’ suffering.

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