SCHMIDT v. HEATHER RAMSEY, APRN-CNM

No. 16-1022, No. 16-1024.

860 F.3d 1038 (2017)

Doran SCHMIDT, Individually, Plaintiff, S.S., a minor, by and through her mother and next friend, Doran Schmidt, Plaintiff-Appellant v. HEATHER RAMSEY, APRN-CNM; Midwives Place LLC, Defendants, Bellevue Medical Center L.L.C., Defendant-Appellee, State of Nebraska, Intervenor-Appellee, COPIC Insurance Company, Amicus on Behalf of Appellee(s), Doran Schmidt, Individually, Plaintiff, S.S., a minor, by and through her mother and next friend, Doran Schmidt, Plaintiff-Appellee v. Heather Ramsey, APRN-CNM; Midwives Place LLC, Defendants, Bellevue Medical Center L.L.C., Defendant-Appellant, State of Nebraska, Intervenor-Appellee, COPIC Insurance Company, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2017.


Attorney(s) appearing for the Case

Joseph Cullan , Patrick Cullan , CULLAN & CULLAN, Omaha, NE, Robert S. Peck , CENTER FOR CONSTITUTIONAL LITIGATION, Fairfax Station, VA, for Plaintiff-Appellant.

David Alan Blagg , Kathryn Joyce Cheatle , Brien McLeod Welch , CASSEM & TIERNEY, Omaha, NE, for Defendant-Appellee.

Jason W. Grams , William Maxwell Lamson, Jr. , William R. Settles , LAMSON & DUGAN, Omaha, NE, James D. Smith , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Lincoln. NE, for Intervenor-Appellee.

Andre Robert Barry , Mark A. Christensen , CLINE & WILLIAMS, Lincoln, NE, Jonathan J. Papik , CLINE & WILLIAMS, Omaha, NE, for Amicus on Behalf of Appellee(s).

Before SMITH and KELLY, Circuit Judges, and SIPPEL, District Judge.


After a jury awarded $17 million to a child born with severe brain damage, the district court3 applied Nebraska's tort-reform act to reduce the verdict by almost 90 percent, to $1.75 million. The court declined, though, to retry the case based on alleged...

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