Maguire v. Licht, 1999-3391 (2001)

DECISION

To avoid unnecessary costs and delay, the above-captioned cases have been consolidated pursuant to Rule 42 (a) for the sole purpose of considering and deciding the constitutionality of G.L. 1956 §9-19-34.1. In each of these medical-malpractice cases, the plaintiffs have moved to strike their respective defendants' affirmative defenses to the extent that each relies upon § 9-19-34.1, which gives defendants in medical-malpractice actions the right to introduce evidence of amounts paid collaterally to a plaintiff as a result of their injury and to have any damages awarded reduced…