Navigation Links
Ex-Cowboys Running Back Ron Springs Named Plaintiff in Constitutional Challenge to Texas' Malpractice Award Cap

$250,000 Per-Person Limit on Pain, Suffering Slammed as Unconstitutional Springs' Wife Previously Filed State Malpractice Lawsuit Over Botched


DALLAS, Feb. 25 /PRNewswire/ -- A lawsuit filed today in U.S. District Court for the Eastern District of Texas in Marshall names comatose former Dallas Cowboys running back Ron Springs as one of the eleven plaintiffs challenging the constitutionality of the state of Texas's per person-cap of $250,000 that can be awarded for non-economic damages as a result of medical malpractice.

In January, Miller Curtis & Weisbrod, LLP, a Texas law firm that specializes in medical malpractice and catastrophic injury litigation, filed a medical malpractice lawsuit in state court in Dallas County on behalf of Springs seeking actual, punitive, and exemplary damages against an anesthesiologist and a plastic surgeon.

"Fundamental constitutional guarantees protect injured patients who prove they were injured as a result of another's negligence from having the legislature impose a second injury on them by taking away their right to compensation," said attorney Robert S. Peck, president of the Center for Constitutional Litigation, a Washington, D.C. law firm that has successfully challenged similar laws in other states. "The Texas legislature has no authority to sit in judgment in individual cases and dictate the outcome, no matter how much their political patrons and special interest lobbyists might want them to do so."

Springs and the other plaintiffs in the federal action are challenging the validity of the 2003 Medical Malpractice and Tort Reform Act (H.B. 4), which limits awards in Texas to $250,000 per plaintiff in cases of medical malpractice. They base their challenge to the state law on the First, Fifth, Seventh and Fourteenth Amendments of the U.S. Constitution.

"This odious Texas law must be challenged. It limits non-economic damages to $250,000 in each case of medical malpractice -- no matter how many people were injured or died or how many people suffered," said Les Weisbrod, Miller, Curtis & Weisbrod partner. "Doctors are placed above the dictates of the U.S. Constitution, allowing them to have special legal protection from the consequences of their medical mistakes."

The plaintiffs in this challenge include a group of current and former Texas residents, each of whom is seriously injured due to medical malpractice, who argue that without the state award cap in place, the facts of their cases would prompt Texas juries to award non-economic damages far greater than $250,000.

The plaintiffs include:

-- A Harrison County child severely and permanently brain damaged at birth

in 2004 as a result of undiagnosed and untreated fetal distress during


-- Springs, in a persistent vegetative state after botched general

anesthesia given unnecessarily for a minor surgical procedure;

-- A Tom Green County woman whose physician, during a routine office

visit, paralyzed her with narcotics and then sexually assaulted her;

-- A Harris County man whose anal canal, rectum, bladder and perineum were

severely burned and permanently injured during a 2005 medical

procedure, causing excruciating pain and lifelong loss of bladder and

bowel control;

-- A Harris County man completely paralyzed for life, unable to move or

speak yet conscious of his surroundings and physical condition as a

result of a botched steroid injection;

-- A former Harris County dentist totally paralyzed as a result of a

botched spinal imaging procedure;

-- A Cameron County girl who suffered catastrophic loss of intestinal

function at 10 months of age due to botched abdominal surgery in 2001;

-- A Harris County woman left permanently paraplegic, in constant pain,

unable to walk or stand without support, and suffering impaired bladder

and bowel functions after failure to diagnose and treat a spinal cord


-- A Harris County girl severely and permanently brain damaged during a

botched delivery in 1998;

-- A Hidalgo County man who will be on kidney dialysis and unable to eat

normally for the rest of his life after three botched surgeries in 2006

to remove food obstructing his esophagus;

-- A Hidalgo County woman now in a persistent vegetative state due to

botched thyroid surgery;

On behalf of themselves and others who may be adversely affected by the Texas cap on non-economic damages in medical malpractice cases, Mr. Springs and the other plaintiffs have asked the federal court to declare the Texas cap unconstitutional and therefore void because it violates:

-- The petition clause of the First Amendment;

-- The takings clause of the Fifth Amendment;

-- The right to a jury trial clause of the Seventh Amendment;

-- The due process, equal protection, and privileges and immunities

clauses of the Fourteenth Amendment.

The plaintiffs also ask that the federal court certify their joint lawsuit as a class action for themselves and any other victims of medical malpractice in the state of Texas whom their joint civil action might represent.

SOURCE Miller Curtis & Weisbrod, LLP
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. OrthoLite Joins the Teva U.S. Mountain Running Team
2. Photo: Two Men Raising Awareness of HIV/AIDS by Running Minimum of a Marathon a Day from San Francisco to Los Angeles
3. Kids Respiratory Virus Season Off and Running
4. Pricey Running Shoes Not Worth It: Study
5. Running shipwreck simulations backwards helps identify dangerous waves
6. Announcing Always Best Care Senior Services Expansion into Colorado Springs, Colorado
7. Partnership for a Drug-Free America and Colorado Springs Police Department Introduce Methamphetamine Prevention Program to Colorado Law Enforcement
8. Venture Global Limited Introduces an Innovative Anti-Cellphone Radiation Sticker Named VEGO Power Blocker
9. Greg Cleary Named Vice President, Membership Administration for Kaiser Permanente
10. Smart Balance(R) Named MVP in Refrigerated & Frozen Foods Retailer Product Lineup
11. Nano Pet Products, LLC Named Exclusive Worldwide Licensee by Schoeller(R) Technologies AG for Pet Products to Develop the Most Technologically Advanced Pet Brands on the Market Today
Post Your Comments:
(Date:11/26/2015)... Las Vegas, NV (PRWEB) , ... November 26, 2015 , ... ... holiday shopping strategy. Many customers choose to buy during the Black Friday and ... holiday gifts. Shoppers don’t need to search the Internet high and low to find ...
(Date:11/26/2015)... ... November 26, 2015 , ... The Catalent Applied ... the need to integrate dose form selection in early phase drug development. The ... organization supporting and bringing together the UK’s emerging life sciences companies, corporate partners, ...
(Date:11/26/2015)... ... November 26, 2015 , ... WorldCare International, Inc., the first ... annual Employee Benefits Conference. The Employee Benefits Conference was hosted by the International ... November 11th, 2015. The conference was held at the Hawaii Convention Center in ...
(Date:11/26/2015)... ... 2015 , ... Indosoft Inc., developer and distributor of the world-class Asterisk based ... efficiency and reliability. , The new Q-Suite 6 platform is based on the latest ... itself into a specific piece of software for many key components of the suite. ...
(Date:11/25/2015)... ... November 25, 2015 , ... ... the perfect dish and pleasing the palates of attendees is of the utmost ... dish to a seasonal get-together, give these recipes a try this holiday season. ...
Breaking Medicine News(10 mins):
(Date:11/26/2015)... DUBLIN , November 26, 2015 /PRNewswire/ ... the addition of the "2016 Future ... Drugs of Abuse Testing Market: Supplier Shares, ... report to their offering. --> ... of the "2016 Future Horizons and ...
(Date:11/26/2015)... , November 26, 2015 /PRNewswire/ ... announced the addition of the  "2016 ... the European Therapeutic Drug Monitoring (TDM) ... Competitive Intelligence, Emerging Opportunities"  report to ... ) has announced the addition of ...
(Date:11/26/2015)... Research and Markets ( ) ... Future Horizons and Growth Strategies in the Italian ... Segment Forecasts, Competitive Intelligence, Emerging Opportunities" report ... --> This new 247-page report ... drug monitoring market, including emerging tests, technologies, instrumentation, ...
Breaking Medicine Technology: