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Wisconsin: Governor Vetoes Bill to Re-Establish Non-Economic Damage Caps

Gov. Jim Doyle vetoed legislation last Friday that would have re-established non-economic damage caps in medical malpractice lawsuits.

Earlier this year, the Wisconsin Supreme Court struck down caps on non-economic damages stating the Legislature had not articulated a rational basis for setting the caps.

In November, the Legislature passed Assembly Bill766, http://www.legis.state.wi.us/2005/data/AB766hst.html which would have re-established caps on non-economic damage awards to no more that $450,000 for adults and $550,000 for children. The bill also addresses the court's rational basis concerns.

In a statement released Friday, Assembly Speaker John Gard said he will ask the Assembly to override the governor's veto. "The bill passed with a veto-proof, bipartisan vote. It's a shame that the governor would choose to ignore bipartisan solutions to high health care costs."

Direct questions to NAMIC State Affairs Manager Joe Thesing.

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