AUSTIN - A federal court recently issued a final judgment in an action alleging Texas’ medical malpractice cap is unconstitutional, dismissing the complaint for lack of subject matter jurisdiction.
The case, David Winnett et al vs. Brannon Frank et al, was filed Nov. 20, 2020, in the U.S. District Court for Western Texas, Austin Division.
The complaint was a federal constitutional challenge by Texas medical malpractice victims to the Texas statutory cap on non-economic damages ($250,000) in health care liability actions. The plaintiffs sought a declaration that the cap violates the Seventh Amendment.
Retired Judge Lee Yeakel, who left the bench to join an Austin firm earlier this week, entered his final judgment on April 26, court records show.
In his findings of fact, Yeakel wrote the court holds that plaintiffs “lack Article III standing because they cannot demonstrate that the future injury they purportedly fear is certainly impending and shall dismiss Plaintiffs' complaint for lack of jurisdiction.”
Court records further show that Attorney General Ken Paxton challenged the plaintiffs' standing to bring the action.
Cause No. l:20-CV-01 155-LY