On July 31, 2012, the Missouri Supreme Court struck down the limit on jury awards for “pain and suffering” in medical malpractice cases. The court decided that the law’s $350,000 cap for awards involving medical malpractice cases “infringes on the jury’s constitutionality protected purpose of determining the amount of damages sustained by an injured party”.
The ruling came from a lawsuit filed by a woman whose son was born with brain injuries due to a delay in the performance of a C-section birth. A Missouri jury had awarded the woman $5 million dollars in the case, but the amount ultimately awarded was reduced under the now struck down law. With the court’s ruling, the child will now receive sufficient funds for critical medical care as originally awarded by the jury.
Blythe Bernhard & Virginia Young. “Medical malpractice cap is struck down by Missouri Supreme Court.” stltoday.com 1 Aug. 2012