The second annual convening of the Kansas Business Roundtable Corporate Counsels was held June 3 at Hinkle Law Firm. Discussion centered on the pressing need to restore balance in jury awards for non-economic damages.

Mark Maloney, a Hinkle attorney specializing in medical malpractice litigation, summarized the current legal environment and suggested some actions the Kansas Legislature can take for both the good of the state’s future economy and to balance constitutional concerns about the right to a jury trial.

Recent personal injury cases have resulted in very large verdicts, including a half-billion dollar verdict in a school bus case. One observation was that jurors increasingly view their role as punishing defendants rather than compensating victims, which can lead to inflated awards.

Without a cap, Kansas may be at a disadvantage when attracting physicians and other professionals as they attempt to evaluate and manage their risk and cost of insurance. While the Hilburn case (June 2019) struck down the previous cap on non-economic (pain and suffering) damages in Kansas, Justice Stegall’s concurrence in Hilburn provides guidance for future legislation. The merits of several possible solutions were discussed as to their efficacy and political viability.