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SCHULTZ v. NATWICK

No. 00-0361.

249 Wis.2d 317 (2001)

2001 WI App 281

638 N.W.2d 319

Barbara A. SCHULTZ, individually and as Special Administrator for the Estate of Lindsey Schultz, and Roger Schultz, individually, Mitchell Schultz, individually, Russell Schultz, individually, and 3M Medical Plan, Plaintiffs-Respondents, v. Roger D. NATWICK, M.D., ORCC, Inc., f/k/a Red Cedar Clinic, S.C., d/b/a Red Cedar Clinic, Red Cedar Clinic-Mayo Health System, Ltd., and Physicians Insurance Company of Wisconsin, Inc., Defendants-Appellants, WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Decided November 21, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Michael B. Van Sicklen and Michael S. Heffernan of Foley & Lardner of Madison.

On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Mark E. Larson of Gutglass, Erickson & Bonville, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Howard R. Orenstein and Terry L. Wade of Robins, Kaplan, Miller & Ciresi L.L.P. of Minneapolis, Minnesota.

Brief of amicus curiae was filed by James E. Doyle, attorney general and John S. Greene, assistant attorney general on behalf of the State of Wisconsin.

Before Roggensack, Deininger and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

In May 1998, Barbara and Roger Schultz filed a medical malpractice action against Dr. Roger Natwick, his employer and his insurers (Natwick) for the wrongful death of their daughter in December 1995. Natwick seeks review of the circuit court's ruling that 1997 Wis. Act 89, which increased caps on damages for loss of society and companionship in wrongful death actions, applies to the Schultzes' claims. We conclude that the retroactive application...

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