Ferdon Ex Rel. Petrucelli v. Wisconsin Patients Compensation Fund

¶ 320. (dissenting). The majority opinion concludes that the legislature's establishment of the cap on noneconomic damages under Wis. Stat. § 655.017 (2003-04)1 and Wis. Stat. § 893.55(4)(d)2 is facially unconstitutional on equal protection grounds. Majority op., ¶ 10. The two classes the majority opinion compares are those persons subjected to medical malpractice who were awarded noneconomic damages in excess of the cap and those who were awarded noneconomic damages less than the cap. It then employs a new rational basis test, which it calls "rational basis with teeth, or meaningful rational…