MADISON, Wis. (AP) — The Wisconsin Supreme Court will decide whether a woman should receive $25.3 million a jury awarded her after she had four limbs amputated as a result of medical malpractice.
The Milwaukee Journal Sentinel reports that the state Supreme Court will hear Ascaris Mayo’s case on Thursday. Mayo’s limbs were amputated in 2011 after she went into septic shock when doctors didn’t diagnose her Strep A infection.
About $16.5 million of the 2014 Milwaukee County jury award is for non-economic damages, such as pain and suffering.
The Injured Patients and Families Compensation Fund and other defendants argue Mayo’s non-economic damages should be capped at $750,000, which is the state limit for medical malpractice. They say maintaining the state’s $1.4 billion insurance fund relies on the cap enforcement.
Mayo argues the cap is unconstitutional.