Constitutionality of MICRA Cap on Non-economic Damages Upheld!

On Sept. 1, 2011, California’s Fifth District Court of Appeal issued a published decision upholding the constitutionality of the $250,000 non-economic damage cap in California’s landmark Medical Injury Compensation Reform Act (MICRA) of 1975. The case is Stinnett v. Tam. CMA, through its Amicus Curiae Committee, joined in this case by the Litigation Center of AMA and State Medical Societies, filed a friend-of-the-court amicus brief and participated in oral argument before the court. The Stinnett decision is a published opinion and is citable as precedent to oppose plaintiffs’ efforts to introduce evidence with respect to MICRA’s rational basis. The decision also flatly rejects plaintiffs’ arguments that section 3333.2 infringes on their rights to a jury trial or is invalid because it is not indexed for inflation. Click here for further details.