Ferdon ex rel. Petrucelli v. Wisconsin Patients Comp. Fund, 2005 WI 125, 284 Wis. 3d 573, 701 N.W.2d 440

This lawsuit concerned a claim for medical malpractice during childbirth, which left a newborn with a partially paralyzed, deformed arm. A jury awarded the baby $700,000 in noneconomic damages, but a Wisconsin law capped these damages at $350,000. Writing for the majority, Abrahamson declared the law unconstitutional. Due to the cap, people who suffer severe injuries do not receive full compensation for noneconomic damages, whereas people who sustain minor injuries do. The Wisconsin Supreme Court later reversed this decision, but courts around the country remain divided on this issue.