Supreme Court of Missouri / Jul 22, 2021
Maria del Carmen Ordinola Velazquez, Appellant-Respondent, vs. University Physician Associates, et al., Respondents-Appellants.
Maria del Carmen Ordinola Velazquez sued University Physician Associates and other physicians for medical negligence during childbirth and postpartum care, resulting in severe injuries. A jury awarded her damages, but the circuit court reduced the non-economic damages award by applying a statutory cap for catastrophic personal injury under § 538.210.2(2), RSMo. Ordinola appealed the constitutionality of the damage caps, and the Physicians cross-appealed several procedural rulings. The Missouri Supreme Court affirmed the circuit court's judgment, holding that the statutory damage caps are constitutional as medical negligence is now a statutorily created cause of action, and found no error in the circuit court's other rulings.