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CLB Speaker Series: David Hyman


October 15, 2007 5:00pm - 6:00pm


Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements. The cap is $250k (nominal) in most cases, but can be up to $750k (nominal), depending on the number and type of paying defendants. We use detailed information on all pro-plaintiff jury verdicts in medical malpractice cases closed during 1988-2004 to simulate the effect of the cap on these cases and on cases resolved without trial. We also assess the impact of the cap across various types of plaintiffs, study how cap design affects the cap's impact, and analyze the comparative severity of the caps adopted by various states.

David A. Hyman is a Professor of Law and Medicine at the University of Illinois, where he directs the Epstein Program in Health Law and Policy. He focuses his research and writing on the regulation and financing of health care. He has published widely in student edited law reviews and peer reviewed medical, health policy, and law journals. He is the author or co-author of more than 75 articles and book chapters. He is also the author of “Medicare Meets Mephistopheles,” which was selected by the U.S. Chamber of Commerce/National Chamber Foundation as one of the top ten books of 2007.

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