Nebraska’s Medical Malpractice Damages Cap Survives Challenge

A family of an infant born with severe brain damage is limited to collecting only $1.75 million of a $19 million jury verdict under Nebraska law (Schmidt v. Ramsey, 2017 BL 214051, 8th Cir., No. 16-1022, 6/22/17).

Judge Lavenski R. Smith of the U.S. Court of Appeals for the Eighth Circuit ruled June 22 the that state’s medical malpractice damages cap doesn’t violate the family members’ rights under the U.S. Constitution. The court said the state statute, which has been in effect for more than 40 years, was rationally related to the state’s legitimate interest to reduce insurance ...