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Health Care, Pharmaceuticals, Biotech

Jul. 27, 2026

Court revives $1.837M elder neglect verdict, rejects MICRA damages cap

The appellate panel said a nursing home's failures to supervise, assist and care for a resident constituted custodial neglect, not professional negligence, leaving a $1.837 million noneconomic damages award outside MICRA's cap.

The 2nd District Court of Appeal ruled that California's Medical Injury Compensation Reform Act does not cap noneconomic damages in an elder neglect case against a nursing facility when injuries stem from failures in custodial care rather than professional medical negligence. The panel restored a Los Angeles jury's $1.837 million noneconomic damages award, which had been slashed to $250,000 by the trial judge.

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