On January 30, 2025, the Eighth District Court of Appeals issued the first appellate court decision involving the noneconomic damage caps applicable to medical malpractice claims. The noneconomic damage cap statute at issue has been on the books since 2003 and is one of the most important pillars of tort reform.

In a case involving cataract surgery and loss of vision, the court of appeals held that the $500,000 cap on noneconomic damages was unconstitutional under the “due course of law” clause in the Ohio Constitution, allowing the plaintiff to recover $1.48M in noneconomic damages. The case is likely to be appealed to the Ohio Supreme Court.  2/12/2025