CAPS NEWS

Noted a couple of items recently on caps that were of interest...

First, Geoffrey Fieger recently tried a case in Michigan that involved terrible injuries to an infant shortly after his birth. The child, born 16 weeks premature, was only 11 weeks old when a doctor in the neonatal unit at Beaumont Hospital in Royal Oak, Michigan set the child on fire while trying to use a cauterizing tool in an oxygen tent. The child, who had some pre-existing medical issues, suffered significant burns, and endured numerous surgeries in the months after the incident. He stayed in the hospital a total of two years, heavily medicated and on a ventilator. He is currently using a wheelchair, dependent on a ventilator and has brain damage. The jury awarded the boy $8.2 million dollars for the pain and suffering he endured. Due to recent legislation in Michigan, the boy's award was reduced to $575,000, less than 10% of what a jury awarded. Whatever money the family receives after fees and costs will likely be gone shortly, in light of the child's on-going medical needs.

Some better news out of Wisconsin. This past week, the Wisconsin Supreme Court struck the statutory cap of $350,000 on medical malpractice awards for non-economic damages(pain and suffering). The Court found the statute to be unconstitutional and violated equal protection guarantees. Hopefully the Illinois Supreme Court will do the same thing when this issue lands on its doorstep.