
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the constitutionality of the statutory limit on noneconomic damages in medical liability cases. Maintaining a predictable maximum for noneconomic damage awards is important to Ohio’s healthcare environment. The “hard limit” on recoverable economic loss that applies to serious or “catastrophic injuries” does not violate the “due course of law” provision of the Constitution and the catastrophic noneconomic loss damage cap does not violate the equal protection under Ohio law because the General Assembly has the ability to define a cause of action and can create unique rules and restrictions for separate causes of action.
