The Estate of Stacey Kay Klaus by Alta Klaus, Administratrix and Alta Klaus as Personal Representative of the Wrongful Death Beneficiaries of Stacey Kay Klaus v. Vicksburg Healthcare, LLC d/b/a River Region Health Systems, River Region Medical Corporation, Triad Hospitals, Inc., Stephanie Vanderford, R.N., and Eugene Ferris, III, M.D.

Summary

The Mississippi Supreme Court considered whether Mississippi Code § 11-1-60(2)(a) limits noneconomic damages to $500,000 in the aggregate or separately for each wrongful-death beneficiary in a medical-malpractice action. Applying Mississippi Code § 1-3-33 and its prior decision in Allred, the majority held that the cap applies collectively to all plaintiffs bringing the wrongful-death action. The court affirmed the circuit court's declaratory judgment and remanded the case for further proceedings.

Holdings

1. Mississippi Code Annotated Section 11-1-60(2)(a)'s $500,000 cap on noneconomic damages applies collectively to all plaintiffs bringing a wrongful-death action under Section 11-7-13, including the estate and the wrongful-death beneficiaries; the cap is not multiplied by the number of plaintiffs.

Questions Presented

1. Whether Mississippi Code Annotated Section 11-1-60(2)(a) limits noneconomic damages to $500,000 in the aggregate for all wrongful-death beneficiaries and the estate in a medical-malpractice action, or instead permits a separate $500,000 cap for each beneficiary.

Disposition

reversed_and_remanded