From Judgepedia
Justice Butler concurred in the Majority Opinion, written by Justice
Shirley Abrahamson, but wrote a separate concurring opinion as well. The Majority held, in a medical malpractice action, that the recently-passed $350,000 cap, adjusted for inflation, on noneconomic damages in medical malpractice actions not involving wrongful death of the patient (1) was not rationally related to legislative objective of compensating victims fairly; (2) was not rationally related to legislative objective of lowering medical malpractice insurance premiums;(3) statute was not rationally related to legislative objectives of keeping Wisconsin Patients Compensation Fund's annual assessments to health care providers at low rate and enabling Fund, which provided excess liability coverage for health care providers, to operate on sound financial basis; (4) was not rationally related to legislative objective of lowering overall health care costs for consumers of health care; and (5) was not rationally related to legislative objective of ensuring quality health care by creating an environment in which health care providers were likely to move into, or less likely to move out of, Wisconsin.
