By advocating that the Nebraska Supreme Court uphold the state's $1.25 million limit on medical malpractice awards, a June 12 World-Herald editorial ("Keep the caps") ignored the serious dangers that such arbitrary and sometimes cruel caps pose.
For example, consider Colin Gourley (Gourley vs. Knolla and Nebraska Methodist Hospital), whose case is now before the Supreme Court. The Gurleys allege that Colin was the victim of horrible medical malpractice. His injuries will require a lifetime of medical care costing at least $5.6 million. As a result of this cap, he was able to collect only a fraction of that amount. After bankrupting his parents and exhausting their insurance coverage, the remainder of his financial burden may now fall on Nebraskans in the form of taxpayer-funded health and disability programs.
Such cases are tragic and should not happen. Moreover, they should not result in taxpayers picking up the tab for injuries caused by others. As a national public interest organization, we see the extent to which similar laws have had devastating consequences for sick and injured men, women and children around the country.
Emily Gottlieb, New York City
Deputy director, Center for Justice & Democracy
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