Federal Judge Upholds Texas Noneconomic Damage Award Limits in Malpractice Cases

AUSTIN, Texas—A federal district judge March 27 rejected a constitutional challenge to a 2003 Texas law capping noneconomic damages at $250,000 per claimant (Watson v. Hortman, E.D. Tex., 2:08-cv-81-JRG-RSP, 3/27/12).

Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas granted summary judgment for the defendants on all remaining issues and adopted a Sept. 13, 2010, recommended ruling issued by a magistrate judge.

The adopted magistrate’s opinion concluded that the law did not violate either the plaintiffs’ right of access to the courts or their property rights under the takings clause of the ...