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Feb 23, 2021

Law360 Quotes Baker Sterchi Member Paul Venker on Missouri Med Mal Cap Challenge

Baker Sterchi Member Paul Venker, St. Louis, is quoted in a recent Law360 article “Med Mal Cap Challenge To Decide Mo. Lawmakers’ Power” regarding the constitutionality of Missouri’s $700,000 cap on noneconomic damages in medical malpractice cases in light of a Feb. 16 lower appeals court ruling that the issue should be decided by the Missouri Supreme Court as an issue of first impression.

Venker notes there is no fundamental difference between the current case and Dodson v. Ferrara, a case he argued for the defense in 2016, in which the Missouri Supreme Court found that the noneconomic damages cap, as applied to wrongful death claims, was not unconstitutional. "There isn’t any difference with Dodson because the General Assembly has abrogated the common law claim," said Venker. "[They have] this power… to enact the law, and they've done it."

Venker’s practice has always focused on trials and appeals. He has taken dozens of trials to verdict in a variety of cases ranging from employment discrimination and medical malpractice to product liability and other serious personal injury and general liability matters. Since clerking at the Missouri Supreme Court, Venker has also been an active appellate lawyer. He is recognized in the 2021 edition of The Power List, a Missouri Lawyers Media publication, featuring the 30 most powerful appellate attorneys in Missouri.