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Ex-Cowboys Running Back Ron Springs Named Plaintiff in Constitutional Challenge to Texas' Malpractice Award Cap
Date:2/25/2008

nd without support, and suffering impaired bladder

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

abscess;

-- 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.


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

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