Family challenges Missouri limits on noneconomic damages

4 years 8 months 2 weeks ago Wednesday, October 21 2015 Oct 21, 2015 Wednesday, October 21, 2015 5:25:00 PM CDT October 21, 2015 in News
By: The Associated Press

JEFFERSON CITY (AP) — The family of a woman who died after heart surgery is challenging Missouri law capping how much her family can receive in damages.

A lawyer for Shannon Dodson's family argued Wednesday to the state Supreme Court that such limits are unconstitutional.

The 34-year-old died in 2011 after a St. Louis-area doctor performed a heart test that led to complications and required emergency surgery. A jury awarded the family $9 million in noneconomic damages.

A trial court reduced the noneconomic damages to $350,000 based on state law.

Dodson attorney Patrick Hagerty says that infringes on the right to a jury trial and cited a 2012 Supreme Court decision that struck down limits for noneconomic damages.

The doctor's attorney, Paul Venker, says the ruling doesn't apply in wrongful death cases.

 

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