Ascaris Mayo v. Wisconsin Injured Patients and Families Compensation Fund

ANN WALSH BRADLEY, J. (dissenting).

¶98 After a harrowing and unimaginable ordeal that resulted in the amputation of all four of Ascaris Mayo's extremities, the majority denies Ascaris and Antonio Mayo 95 percent of the recovery to which a jury determined they are entitled. The majority restricts the Mayos' recovery based on Wisconsin's statutory cap on noneconomic damages in medical malpractice cases, which it now declares to be constitutional. See Wis. Stat. § 893.55.

¶99 This is not the first time this court has addressed the constitutionality of a cap on noneconomic damages in medical…