Judd v. Drezga
Utah Supreme Court
103 P.3d 135 (2004)
Athan Montgomery suffered severe brain damage after Dr. Gregory Drezga (defendant) botched a forceps delivery. Heidi Judd (plaintiff), Montgomery's mother, sued Drezga on his behalf. A jury awarded Montgomery about $22,735 for past medical costs, $1,000,000 for future life-sustaining care, and $1,250,000 in noneconomic damages for his diminished quality of life. Relying on a Utah statute capping certain malpractice noneconomic damages at $250,000, the trial court reduced that portion of the award. Judd appealed, arguing the cap violated the Utah Constitution by denying an adequate remedy and unfairly singling out malpractice victims.
Whether a statutory cap on noneconomic damages for medical-malpractice victims violates the Utah Constitution's guarantee of a remedy for injury or its protection against unequal treatment of classes of plaintiffs.