Tuesday, March 24, 2015

Another Caps Challenge

There is another challenge to the caps on noneconomic damages pending in Mississippi.  The case is Glover v. MBMC, et. al. which was a medical malpractice case from Hinds County.  The Plaintiff was a 15 year old treated at the emergency room for a rash. The ER doctor prescribed medication that caused second degree chemical burns all over the boy’s body. The Plaintiff is permanently scarred. 

The medication is supposed to be applied only by a doctor. The pharmacy settled before trial.  At trial, the doctor admitted that be breached the standard of care by failing to inform plaintiff and his mother about the dangers of the medication and how to safely apply it.  The doctor pointed the finger at the pharmacy.  The jury awarded $1.5 million in economic damages and $2.0 million in non-economic damages.  The jury apportioned 75% fault to the defendant doctor.  The doctor has appealed the amount of damages essentially and a cross-appeal has occurred for the caps issue. 

Here is the appellant’s brief.
Here is the appellees’ brief.

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