The 5th District Court of Appeal in an unpublished opinion unanimously upheld the constitutionality of the state's landmark Medical Injury Compensation Reform Act of 1975.
The case, James Van Buren v. Sian Evans, M.D. and Yosemite Surgery Associates, involved a $2.5 million noneconomic damages award to a plaintiff against a doctor and the doctor's assistant. A Superior Court judge lowered the award to $250,000 pursuant to MICRA.
The plaintiff argued that MICRA's $250,000 cap on recoverable noneconomic damages deprived him of his constitutional rights to a jury trial and to equal protection of the law.
In its amicus brief, CJAC General Counsel Fred J. Hiestand noted that MICRA's noneconomic damage ceiling fully complies with the U.S. and California constitutions. The brief also argued that MICRA is a piece of well-crafted legislation that has stabilized medical malpractice insurance costs, assured public access to physicians and hospitals, and secured a fair legal procedure for plaintiffs to adjudicate their claims.
In its ruling, the court wrote: "... appellant contends that the Legislature does not have [the authority to limit recoverable damages] -- only a jury does. This argument was made and rejected more than 20 years ago. ... We reject it again."