Cayamcela v. Advocacy Trust, LLC (two Cases)

Summary

The court affirmed a medical-malpractice judgment imposing liability for Baumstark’s death, a $42 million damages award, and approximately $11.8 million in attorney fees. It held that the trial court acted within its discretion in excluding unreliable expert testimony, that the defendants affirmatively waived their challenge to the jury instruction, and that the statutory cap on noneconomic damages could not constitutionally be applied. The court also upheld the settlement-offer-based attorney-fee award and its amount.