Supreme Court Ruling in Missouri Restores Constitutional Rights

Posted on August 27th, 2012 No Comments

On July 31, 2012, the Supreme Court of Missouri overruled its own precedent set by Adams v. Children’s Hospital, rejecting a statute limiting the award of non-economic damages to plaintiffs, resulting in a victory for the family of a child born with severe brain damage due to medical negligence in Watts v. Lester E. Cox Medical Centers. The plaintiff will now receive the full $1.45 million in non-economic damages awarded by the jury, rather than the $350,000 ordained by the statutory cap.

The court’s decision is being hailed by many as a victory for the preservation of all citizens’ constitutional rights, as it is a matter of constitutional rights to have a jury determine the amount of damages in civil cases. Those who view the decision as a victory hope that the ruling will provide fuel and momentum to similar constitutional challenges in other states such as Kansas, Indiana, Mississippi, and Florida.

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