Ohio Supreme Court Reviews Pain and Suffering Cap

The challenge to damage caps reached the Ohio Supreme Court via U.S. District Judge David Katz who is presiding over a lawsuit in Toledo. He asked justices to answer questions dealing with the measure that could determine the outcome of the federal case.

The plaintiff filed a product liability lawsuit against Johnson & Johnson Pharmaceutical Co. as a result of blood clots and continuing medical problems she faces after using a hormonal birth control product. Lawyers representing the plaintiff argued that the General Assembly had “pre-judged” her case through limits it imposed on damage awards. Lawyers are challenging the cap based on precedent of the court that holds the right to a trial by jury inviolate.

The law places a cap of $350,000 per plaintiff and $500,000 per occurrence on jury awards for non-economic damages in personal injury lawsuits. It also limits punitive damages to twice the amount of compensatory damages awarded. The case does not specifically address caps on medical malpractice claims, but the decision in this matter could have far reaching implications. Organizations supporting the plaintiff in this matter include the Ohio Academy of Trial Lawyers.

One of the organizations asking the court to retain the law is the Ohio Alliance for Civil Justice – and the AMCNO is named as a member of that organization in the amicus brief.