MAYO v. WI INJURED PAT. AND FAM. COMP. FUND

No. 2014AP2812.

914 N.W.2d 678 (2018)

2018 WI 78

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-Petitioner, Proassurance Wisconsin Insurance Company, Wyatt Jaffe, MD, Donald C. Gibson, Infinity Healthcare, Inc. and Medical College of Wisconsin Affiliated Hospitals, Inc., Defendants.

Supreme Court of Wisconsin.

Opinion Filed: June 27, 2018.


Attorney(s) appearing for the Case

For the defendant-appellant-cross-respondent-petitioner, there were briefs filed by Kevin M. St. John , Roisin H. Bell , John N. Giftos , and Bell Giftos St. John LLC, Madison. There was an oral argument by Kevin M. St. John.

For the plaintiffs-respondents-cross-appellants, there was a brief filed by Susan R. Tyndall , Daniel A. Rottier , James M. Fergal , and Habush Habush & Rottier, S.C., Madison. There was an oral argument by Daniel A. Rottier.

An amicus curiae brief was filed on behalf of the Wisconsin Academy of Family Physicians, the Wisconsin Academy of Ophthalmology, Inc., the Wisconsin Chapter of the American College of Emergency Physicians, Inc., the Wisconsin Orthopaedic Society, the Wisconsin Psychiatric Association, Inc., the Wisconsin Radiological Society, Inc., the Wisconsin Society of Anesthesiologists, Inc., and the Wisconsin Society of Plastic Surgeons, Inc. by Guy DuBeau and Axley Brynelson, LLP, Madison.

An amicus curiae brief was filed on behalf of the State of Wisconsin by Misha Tseytlin , solicitor general, Brad D. Schimel , attorney general, and Amy C. Miller , assistant solicitor general. There was an oral argument by Misha Tseytlin, solicitor general.

An amicus curiae brief was filed on behalf of Wisconsin Hospital Association by Sara J. MacCarthy , Timothy W. Feeley , and Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Medical Society and American Medical Association Litigation Center by Anne Berleman Kearney and Appellate Consulting Group, Milwaukee.

An amicus curiae brief was filed on behalf of The Physician Insurers Association of America by Samuel J. Leib , Brent A. Simerson , Brenden M. Leib , and Leib Knott Gaynor LLC, Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce by Lucas T. Vebber , Corydon J. Fish , and Wisconsin Manufacturers and Commerce, Madison.

An amicus curiae brief was filed on behalf of the Wisconsin Association for Justice by William C. Gleisner, III and Law Offices of William Gleisner, Brookfield, with whom on the brief were J. Michael End and End, Hierseman & Crain, LLC, Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Defense Counsel by Justin F. Wallace and Nash, Spindler, Grimstad, & McCracken, LLP, Manitowoc, with whom on the brief were Monte E. Weiss , Charles W. Kramer , and Weiss Law Office SC, Mequon.

An amicus curiae brief was filed on behalf of the American Tort Reform Association, the Wisconsin Civil Justice Council, the National Federation of Independent Business, the Chamber of Commerce of the United States, and the Wisconsin Insurance Alliance by James A. Friedman , Bryan J. Cahill , and Godfrey & Kahn, S.C., Madison.


¶ 1 Our review considers whether the legislatively-enacted cap of $750,000 (the cap) on noneconomic damages for victims of medical malpractice that is set out in Wis. Stat. § 893.55 (2015-16)1 is unconstitutional facially or as applied, based on equal protection and due process...

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