Smith v. United States
356 P.3d 1249
Utah2015Background
- Smith's son died Oct. 22, 2010 from acute drug intoxication after VA prescriptions.
- Smith sued the United States in the U.S. District Court for negligence of VA staff.
- The district court certified two questions to the Utah Supreme Court regarding noneconomic-damages caps in wrongful-death medical malpractice.
- Article XVI, §5 prohibits abrogating the right of action for death and restricts statutory limits on damages except where compensation is provided by law.
- Utah Code § 78B-3-410 caps noneconomic damages at $450,000 in malpractice actions, creating a constitutional conflict when applied to wrongful-death cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §78B-3-410 cap apply to wrongful-death medical malpractice damages? | Smith argues the cap improperly limits constitutionally protected wrongful-death damages. | United States contends the cap broadly applies to all malpractice actions, including wrongful death. | No; cap unconstitutional as applied to wrongful-death cases. |
| Does the compensation exception in Article XVI, §5 save the cap? | Smith contends compensation exception could permit limited damages. | U.S. argues exception allows limited compensation under workers’ comp analogies. | No; compensation exception does not apply to the cap in wrongful-death cases. |
Key Cases Cited
- Webb v. Denver & R.G.W. Railway, 24 P. 616 (Utah Terr. 1890) (recognizes broad damages in wrongful-death actions beyond strictly pecuniary losses)
- English v. S. Pac. Co., 45 P. 47 (Utah 1896) (early authority on damages for wrongful death)
- Hyde v. Union Pac. Ry., 26 P.979 (Utah Terr. 1891) (awards for noneconomic loss in wrongful death)
- Parks v. Utah Transit Authority, 53 P.3d 473 (Utah 2002) (compensation-exception dicta, later disavowed herein)
- Tiede v. State, 915 P.2d 500 (Utah 1996) (context for governmental-immunity and compensation concepts)