Habush Habush & Rottier attorney and President Dan Rottier and his clients were featured in the Wisconsin State Journal and other major publications this week regarding a state appeals court ruling that declared Wisconsin’s cap on non-economic damages in medical malpractice cases is unconstitutional.
The case in question involved one of the firm’s clients, Ascaris Mayo, who had to have all four of her limbs amputated after doctors failed to tell her that she was suffering from a septic infection. The Mayos were awarded $25.3 million, including $15 million in non-economic damages, in a 2014 jury verdict against the doctors and the state malpractice compensation fund. The fund was established in 1975 to provide excess malpractice coverage for healthcare providers and to ensure compensation for injured patients. Following the verdict, a Milwaukee County Circuit Court judge had ruled that Wisconsin’s statutory cap of $750,000 was unconstitutional, and upheld the jury’s award. The fund appealed, but the appellate court affirmed the circuit court’s decision on Wednesday. The case is likely to go to the Wisconsin Supreme Court.
Attorney Rottier was quoted in the article saying: “We won a very large battle, but the war is still going on,”