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Steven M. Sellers
The Missouri Supreme Court overruled one of its own precedents and struck down a state statute that capped noneconomic damages in medical malpractice cases, restoring a jury award to a brain-injured boy. The 4-3 en banc decision held that the law’s $350,000 cap for noneconomic damages conflicted with the right to a jury trial under state common law and the Missouri constitution. Andre Mura, litigation counsel at the Center for Constitutional Litigation in Washington, D.C., argued the appeal for the plaintiffs and anticipates that the decision may affect similar challenges now pending in Kansas and Mississippi.