A couple was awarded over $1.5 million in medical malpractice damages, only to have the award reduced to a third because of a state law that caps medical malpractice damages. James MacDonald developed rhabdomyolysis after being given a combination of medications at a West Virginia hospital. He and his wife sued, and the trial went before a jury. The jury awarded the couple $1.5 million for pain and suffering and $129,000 for medical expenses and lost wages.
In 1986, West Virginia enacted a cap on pain and suffering awards in malpractice cases. The cap was originally set at $1 million, but was later reduced to $250,000 for most cases, and $500,000 for the most severe. Additionally, the cap applies no matter how many plaintiffs there are, so multiple plaintiffs have to split the award, which can be no more than $500,000.
Although MacDonald was awarded $1 million for pain and suffering, and his wife was awarded another $500,000, their award was reduced to $500,000 for both of them. The MacDonalds are arguing that the law capping damages is unconstitutional, because it interferes with the right to a trial by jury and prevents the jury from making the ultimate decision in the case.
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The MacDonald’s case has been appealed to the West Virginia Supreme Court. Earlier this year, Illinois and Georgia declared similar caps unconstitutional. Lobbyists representing physicians and insurance groups have filed a supporting brief arguing that the caps should remain in place in order to keep malpractice insurance rates affordable and to prevent physicians from leaving the state.
