On Oct. 21, 2015, the Missouri Supreme Court heard an argument made by a family, contending that the state's cap on damages in their medical negligence case violated the Constitution.

In Aug. 2013, the surviving husband and children of S. Dodson were awarded $10.83 million, $9 million of which was for non-economic damages (e.g. pain and suffering), after a standard medical procedure at Mercy Hospital St. Louis led to the wife and mother's death.

At that time, the case appeared to be the largest jury award in a medical negligence case in the history of St. Louis.

Court Reduces the Award

Within a few months, the court reduced the family's award for non-economic damages to $350,000 as a result of state law.

On Wednesday, Oct. 21, the family's attorney argued that there shouldn't be a $350,000 cap on non-economic damages in this case, specifically because in 2012, the Missouri Supreme Court determined that the cap was unconstitutional.

The court said that the cap violated the right to a jury trial, which had existed under common law since 1820, when Missouri's first constitution went into effect.

Defendants Plead their Case

P. Venker, the attorney for Mercy Clinic Heart and Vascular LLC and Dr. R.P. Ferrara argued that the Supreme Court's 2012 ruling applied to personal injury cases, not wrongful death ones. In effect, Venker argued that the cap applies.

In February of 2011, Dodson, 34 at the time, received a "routine catheterization" procedure at Mercy Hospital St. Louis Creve Coeur.

During the catheterization procedure, one of her arteries was "dissected." In effect, the inner lining of the artery collapsed, thereby blocking the blood supply to her heart. More than 30 minutes passed before she went in for surgery, too long the family's attorney said.

Were you injured as a result of medical negligence? Or, did someone you love die while undergoing a medical procedure? If so, contact a medical malpractice attorney to file a claim for compensation!