Verdicts

The Wisconsin Supreme Court on July 7 overturned its decision in Maurin v. Hall, 2004 WI 100 (2004), which had held that when a victim of medical malpractice dies, the damage cap imposed on wrongful death actions limits all noneconomic damages. Bartholomew v. Wisconsin Patients Compensation Fund and Compcare Health Services Insurance Corp.,2006 WL 1867198 (Wis. 6/7/06).

Helen Bartholomew died as a result of medical malpractice. Her husband, Robert Bartholomew, brought suit against her doctor, insurers and others. A jury found for the plaintiff and awarded him $1.2 million in noneconomic damages ($500,000 for his wife's pre-death pain and suffering, $350,000 for pre-death loss of his wife's society and companionship, and $350,000 for post-death loss of his wife's society and companionship), but the trial court limited his award to the maximum allowed by the State's medical malpractice noneconomic damages cap under Wis. Stat. ' 893.55(4)(d) ' at that time $422,632. Days thereafter, the Wisconsin Supreme Court issued its decision in Maurin, and upon motion of the defendants, the circuit court revised its judgment to comply with Maurin and reduced the three jury awards for noneconomic damages collectively to $350,000, the wrongful death cap. Bartholomew appealed and the Court of Appeals summarily affirmed, prompting his petition for review.