Oregon State Appeals Court Upholds Constitutionality of Ban on Economic Damages
In Klutschkowski v. PeaceHealth, the Oregon Court of Appeals held that Oregon’s statutory cap on non-economic damages does not violate the state’s constitution remedy and jury trial clauses in an action brought to recover injuries sustained during child birth. Oregon law provides, with certain exceptions, “in any civil action seeking damages arising out of bodily…the amount awarded for noneconomic damages shall not exceed $500,000.”
