At least two Missouri Supreme Court Justices think so. In an opinion issued March 23, 2010, the state's highest court held that the damage cap on non-economic damages which went into effect in 2005 may not be applied to a case that accrued before the cap became law because to do so would violate the constitutional prohibition against retrospective laws. The case is Klotz v. St. Anthony's Medical Center, Michael Shapiro, M.D., and Metro Heart Goup, LLC.
In a concurring opinion, Judge Michael A. Wolff opines that the cap on non-economic damages violates the constitutional right to a trial by jury which can only be changed by a vote of the people. Judge Richard B. Teitelman also wrote an opinion concurring in result, stating that the cap on non-economic damages also violates the state constitutional's guarantee of equal protection under the laws.
The case stemmed from an incident iin March 2004 when Mr. Klotz's implanted pacemaker became infected, causing him to suffer sepsis, amputation and organ failure. A jury found the three defendants negligent and awarded nearly $2.1 million in damages, including $760,000 in non-economic damages. Because of the caps that went into effect in 2005, Mr. Klotz's non-economic damage award was substantially reduced. The Supreme Court reversed the trial court's judgment and sent the case back to the trial court to enter judgment in accordance with the jury's verdict.
