Monday, January 25, 2016
Today an Indiana Senate committee is debating an increase in the med mal cap from $1.25M to $1.65M, the first increase in 17 years. The potential increase is driven by a desire to protect the cap from constitutional challenges:
The Illinois Supreme Court struck down a similar law in 2010 that capped jury payouts, ruling they were unconstitutional under the Illinois Constitution's "separation of powers" clause because juries were not able to determine fair damages. Caps have also been ruled unconstitutional in Alabama, Georgia, Oregon, New Hampshire and Washington.
nwitimes.com has the story.