Challenging Indiana's Med Mal Cap //TortsProf Blog

TortsProf Blog

In 2003, Juliann Bobbitt was born a quadriplegic and unable to speak. Her parents filed a medical malpractice action in 2005. An expert estimated her lifetime care costs between $8 and $10 million. In 2013, a jury awarded $15 million in damages to her parents. Indiana, however, has a $1.25 million med mal damages cap. To date, Medicaid has paid over $500,000 on Juliann's care, an amount that would have to be reimbursed out of the proceeds of any verdict or settlement. The parents are challenging the constitutionality of the cap. The Elkhart Truth has the story.