What is Miller v. Johnson?
The case before the Kansas Supreme Court is Miller v. Johnson, a medical malpractice case which originated in Douglas County District Court. The plaintiff sued over a laparoscopic procedure performed in 2002. In 2006, the jury awarded $759,679, of which $400,000 was for non-economic, or pain and suffering, damages. The district court reduced the award for non-economic damages to $250,000, consistent with Kansas law (KSA 60-19a02). The plaintiff appealed the decision, challenging the constitutionality of the cap on non-economic damages. The plaintiff contends the cap on damages violates four provisions in the Kansas Constitution: the rights of equal protection, trial by jury, and remedy by due course of law, and the principle of separation of powers.
The case was awaiting hearing in an appellate court when it was pulled up to the Supreme Court by a request from the justices. Arguments in the case were heard during the week of October 26, 2009 and to date, no opinion has been issued.
