Bartholomew v. Wis. Patients Comp. Fund, 2006 WI 91 (Wis. 2006)

A jury awarded $500,000 to the resident’s estate for noneconomic damages for predeath pain and suffering, $350,000 to the spouse for predeath loss of consortium and $350,000 for post-death loss of consortium. The trial court reduced the award to $350,000, which was the cap for noneconomic damages in a medical malpractice case. The court of appeals determined that pre-death and post-death claims are not subject to the same damages cap. Analyzing the claims, the court determined that they were separate and could be brought by different claimants. The court concluded that the legislature adopted two caps, one for predeath claims and a wrongful death cap for noneconomic damages for wrongful death and loss of consortium. The decision below was reversed. Decided: July 7, 2006.

Opinion at: http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=25824