Audrey GUZMAN, Nicanor Guzman, Jessica Guzman, a minor, and Steven Guzman, a minor, by their Guardian ad Litem, Plaintiffs-Respondents,
v.
ST. FRANCIS HOSPITAL, INC., American Continental Insurance Company and Wisconsin Patients Compensation Fund, Defendants-Appellants,
ST. FRANCIS HOSPITAL, INC., Defendant-Third-Party Plaintiff,
James SULLIVAN, M.D., Physicians Insurance Company of Wisconsin, Richard Fitzpatrick, M.D., and Southeastern Emergency Medical Services, S.C., Third-Party Defendants-Appellants,
XY & Z INSURANCE COMPANY, Third-Party Defendant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument September 5, 2000.
Decided December 19, 2000.
Attorney(s) appearing for the Case
On behalf of the defendants-appellants, St. Francis Hospital, Inc. and American Continental Insurance Company, the cause was submitted on the briefs of John A. Nelson and Timothy W. Feeley of von Briesen, Purtell & Roper, S.C., Milwaukee.
On behalf of the third-party defendant-appellant, Richard Fitzpatrick, M.D., the cause was submitted on the briefs of Lori Gendelman and Jeffrey J.P. Conta of Otjen, Van Ert, Lieb & Weir, S.C., Milwaukee.
On behalf of the third-party defendant-appellant, James Sullivan, M.D., the cause was submitted on the briefs of Paul J. Kelly and Amy J. Doyle of Schellinger & Doyle, S.C., Waukesha.
On behalf of the defendant-appellant, Wisconsin Patients Compensation Fund, the cause was submitted on the briefs of Steven J. Caulum of Bell, Gierhart & Moore, S.C., Madison and William H. Levit, Jr. and Michael B. Apfeld of Godfrey & Kahn, S.C., Milwaukee. There was oral argument by Michael B. Apfeld.
On behalf of the third-party defendant-appellant, Southeastern Emergency Medical Services, S.C., the cause was submitted on the briefs of Mary Lee Ratzel, Peter F. Mullaney and Sherry A. Knutson of Peterson, Johnson & Murray, S.C., Milwaukee. There was oral argument by John S. Skilton of Foley & Lardner, Madison.
On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Ted M. Warshafsky of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee and Edward E. Robinson of Cannon & Dunphy, Brookfield. There was oral argument by Ted M. Warshafsky.
Before Fine, Schudson and Curley, JJ.
Court of Appeals of Wisconsin.
¶ 1. FINE, J.
Audrey Guzman was seriously injured by what she claims was the negligence of the health-care providers named in the caption. The trial court held in a non-final order that a cap imposed by the legislature on the recovery of noneconomic damages in medical malpractice actions within the scope of WIS. STAT. Ch. 655 was unconstitutional. The health-care providers, their respective insurance carriers, and the Wisconsin Patients Compensation Fund appeal...
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