North Dakota Supreme Court Adopts Shook’s Arguments In Support of Damages Cap

The North Dakota Supreme Court has reversed a trial court ruling that the state’s cap on noneconomic damages violated equal protection guarantees under the state constitution. In doing so, the Court agreed with the amici brief filed by Partners Mark Behrens and Cary Silverman, who argued that the $500,000 cap advanced legislative goals and the public interest, by increasing court access, controlling costs and maintaining or increasing the quality of health care without preventing individuals from full compensation for injuries or lost wages. Behrens also is a co-chair of Shook’s Public Policy Group. 

Behrens and Silverman submitted the brief on behalf of the North Dakota Medical Association, the North Dakota Hospital Association, the American Hospital Association and the American Medical Association. 

The case is Condon v. St. Alexius Med. Ctr., 2019 ND 113 (N.D.)