Chan v. Curran
Annotate this CaseAfter Chan’s mother died from internal hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued Curran for medical malpractice. Chan challenged the trial court’s post-verdict reduction of the $1 million noneconomic damages award to $250,000, as required by the Medical Injury Compensation Reform Act of 1975 (MICRA), Civ. Code 3333.2. Chan challenged the MICRA cap as violating equal protection, due process and the right to jury trial, based on her assertion she is entitled to seek noneconomic damages sufficient to cover attorney fees. The court of appeal rejected Chan’s claims, stating that the legitimate debate over the wisdom of MICRA’s noneconomic damages cap remains a matter for the Legislature and state electorate.
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