Ohio Appellate Court Strikes Down Cap on Noneconomic Damages in Medical Malpractice Case; Affirms Jury Verdict
The case stemmed from a routine cataract surgery gone wrong. John Paganini, the plaintiff, alleged that Dr. Gregory Louis and The Cataract Eye Center of Cleveland failed to recognize and properly treat a serious post-operative infection, leading to the permanent loss of his eye. A jury found in Paganini’s favor, awarding nearly $1.5 million in noneconomic damages for pain, suffering, and loss of quality of life. However, Ohio law imposes a cap of $500,000 on such damages in medical malpractice cases, even for severe and life-altering injuries. Rather than reducing the award, the trial court ruled that applying the cap to Paganini would violate his constitutional rights under Ohio’s due course of law provision. On appeal, the defense argued that the cap should be enforced, claiming that the legislature had a legitimate interest in controlling medical malpractice insurance costs. The appellate court disagreed, affirming both the jury’s verdict and the trial court’s determination that the cap was unconstitutional as applied to Paganini. This decision challenges long-standing tort reform measures designed to limit liability for healthcare providers and insurers. If upheld by the Ohio Supreme Court, it could pave the way for similar challenges, fundamentally reshaping medical malpractice litigation in the state.