VICTORY
Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78, 383 Wis. 2d 1, 914 N.W.2d 678, is a medical malpractice action in which the plaintiffs successfully challenged the $750,000 cap on non‑economic damages under Wis. Stat. § 893.55 in the lower courts. In particular, the trial court held that the damage cap was constitutional on its face, but it violated the Mayos’ right to equal protection on an as applied basis. The Court of Appeals did not address the as applied challenge, but rather invalidated the statute on its face. The WIA filed an amicus brief, along with several other business organizations. The WIA brief focused on the impropriety of an as applied challenge to a damage cap, and the many other courts that have upheld non‑economic damage caps in other states. The Supreme Court agreed with the WIA and reversed, holding the damage cap “constitutional both facially and as applied to the Mayos.”
DECISION: Mayo v. Wisconsin Injured Patients and Families Compensation Fund