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Supreme Court sets date to hear arguments on cap on damages

The Wisconsin Supreme Court will hear oral arguments on April 19 in Mayo v. Wisconsin Injured Patients and Families Compensation Fund, a case involving a constitutional challenge to Wisconsin’s $750,000 cap on noneconomic damages in medical liability cases (Cap).

On July 5, 2017 the Wisconsin Court of Appeals struck down the Cap, concluding that it violates the equal protection rights of plaintiffs in medical liability cases. The Wisconsin Supreme Court subsequently agreed to review the lower appellate court’s decision. On January 18, 2018 the Society, along with the AMA Litigation Center, filed an amicus brief in support of the Cap, explaining its value to patients and the health care community alike. For more background on the Mayo case, see this article in from the Oct. 9, 2014 Medigram.

The Court’s scheduling of this case for oral arguments signals that it intends to issue a final decision before the current term ends in July. Oral arguments provide the parties with the opportunity to entertain Justices’ questions regarding the case, to respond to arguments raised in other parties’ briefs and to impress upon the Court the impact of its decision on the larger community.

A decision by the Supreme Court is expected by mid-summer. For more information, contact Society General Counsel John Rather, JD.

Back to February 8, 2018 Medigram