Jefferson City, Mo. – The Missouri Supreme Court heard arguments last Thursday regarding how much money people can be awarded in medical malpractice cases.
In 2005, James and Mary Klotz won a lawsuit against a St. Louis area hospital, after James contracted a staph infection while receiving a pacemaker. But the damages they won were limited due to a state law passed the same year they won their case that allows caps to be place retroactively on non-economic damages in medical malpractice suits.
Their attorney contends the retroactive cap is unconstitutional. Attorney Tad Eckenrode, representing the hospital, defends the law:
"This legislation was simply our legislature's attempts to find a way to make the provision of health care more affordable and more accessible for all Missourians," said Eckenrode.
The state's High Court will rule on the case later.