EMTALA/DAMAGE CAPS

Smith v. Botsford Gen. Hosp., No. 00-71459 (E.D. Mich. July 17, 2006)

After finding a hospital guilty of violating EMTALA, a jury awarded $5,000,000 in non-economic damages for pain and suffering to the family of a deceased patient. However, upon appeal, the United States Court of Appeals for the Sixth Circuit held that Michigan's statutory cap on non-economic damages applied to EMTALA claims, and the appellate court remanded the case for reduction of non-economic damages to $359,000. The estate subsequently petitioned the circuit court for rehearing, arguing that an exception in the state law caps applied to this case which would have capped damages at a higher amount. Rehearing was denied, as was the estate's petition for certiorari. The plaintiff then filed a motion for entry of a revised judgment with the federal district court, seeking an increase in damages to reflect application of the exception. The district court denied the motion, holding that the estate had waived its right to raise this issue, because the argument that the "exception" applies was not presented until the estate's motion for rehearing by the appellate court. The district court noted that it had no authority to go beyond the narrow directive of the appellate court to enter judgment in a particular amount.