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MAYO v. WISCONSIN INJURED PATIENTS

Appeal No. 2014AP2812.

901 N.W.2d 782 (2017)

2017 WI App 52

Ascaris MAYO and Antonio Mayo, Plaintiffs-Respondents-Cross-Appellants, United Healthcare Insurance Company and Wisconsin State Department of Health Services, Involuntary-Plaintiffs, v. WISCONSIN INJURED PATIENTS AND FAMILIES COMPENSATION FUND, Defendant-Appellant-Cross-Respondent, ProAssurance Wisconsin Insurance Company, Wyatt Jaffe, MD, Donald C. Gibson, Infinity Healthcare, Inc. and Medical College of Wisconsin Affiliated Hospitals, Inc., Defendants.

Court of Appeals of Wisconsin.

Filed: July 5, 2017.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Roisin H. Bell and John N. Giftos of Bell Giftos, LLC.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Daniel A. Rottier , James M. Fergal and Susan R. Tyndall of Habush Habush and Rottier, S.C.

A nonparty brief was filed by Anne Kearney of the Wisconsin Medical Society, Andrew Cook of Michael Best and Friedrich LLP, Lucas Thomas Vebber of the Wisconsin Manufacturers and Commerce and William C. Gleisner III . of the Wisconsin Association for Justice.

Before Brennan, P.J., Kessler and Brash, JJ.

¶ 1 This is an appeal stemming from a circuit court decision finding the $750,000 cap on noneconomic damages in medical practice actions, as articulated in WIS. STAT. § 893.55 (2015-16),1 unconstitutional as it applied to Ascaris and Antonio Mayo. This is also a cross-appeal of the circuit court...

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