Mayo v. Wisconsin Injured Patients and Families Compensation Fund

Case Updates

Reversing a state court of appeals’ decision, the Wisconsin Supreme Court upheld Wisconsin’s statutory cap on noneconomic damages in medical malpractice suits. In doing so, the court overruled an earlier decision and readopted the traditional rational basis test for facial constitutional challenges to economic regulations. The decision respects the policy choices made by the Wisconsin legislature in its attempts to provide residents with accessible, affordable healthcare, and keeps Wisconsin among the dozens of states that cap noneconomic damages. Restoring the rational basis test allows the state legislature to continue to enact reforms that will ultimately benefit the residents of Wisconsin.

Click here to view the amicus brief filed jointly by the U.S. Chamber, American Tort Reform Association, Wisconsin Civil Justice Institute, National Federation of Independent Business, and Wisconsin Insurance Alliance.

James A. Friedman and Bryan J. Cahill of Godfrey & Khan, S.C. served as co-counsel for the amici.