S.B. 199

VETOES

(c)     An award by the health claims arbitration panel in accordance with § 3-2A-06
of this article shall be considered an award for purposes of this section.

(d)     (1) In a jury trial, the jury may not be informed of the limitation established
under subsection (b) of this section.

(2) (i) If the jury awards an amount for noneconomic damages that
exceeds the limitation established under subsection (b) of this section, the court shall
reduce the amount to conform to the limitation.

(ii) In a wrongful death action in which there are two or more
claimants or beneficiaries, if the jury awards an amount for noneconomic damages that
exceeds the limitation established under subsection (b)(3)(ii) of this section, the court
shall:

1.       IF THE AMOUNT OF NONECONOMIC DAMAGES FOR THE
PRIMARY BENEFICIARIES CLAIMANTS EQUALS OR EXCEEDS THE LIMITATION
UNDER SUBSECTION (B)(3)(II) OF THIS SECTION, reduce:

A. REDUCE each individual award OF A PRIMARY
BENEFICIARY CLAIMANT proportionately TO THE TOTAL AWARD OF ALL OF THE
PRIMARY BENEFICIARIES CLAIMANTS so that the total award TO ALL CLAIMANTS OR
BENEFICIARIES conforms to the limitation; Oft AND

B. REDUCE EACH AWARD. IF ANY, TO A SECONDARY
CLAIMANT TO ZERO DOLLARS; OR

2.       IF THE AMOUNT OF NONECONOMIC DAMAGES FOR THE
PRIMARY BENEFICIARIES CLAIMANTS DOES NOT EXCEED THE LIMITATION UNDER
SUBSECTION (B)(3)(II) OF THIS SECTION; OR IF THERE IS NO AWARD TO A PRIMARY
CLAIMANT THE COURT SHALL:

A. ENTER AN AWARD TO ANY THE PRIMARY BENEFICIARY
CLAIMANT, IF ANY, AS DIRECTED BY THE VERDICT; AND

B. REDUCE EACH INDIVIDUAL AWARD OF A SECONDARY
BENEFICIARY CLAIMANT PROPORTIONATELY TO THE TOTAL AWARD OF ALL OF
THE SECONDARY BENEFICIARIES CLAIMANTS SO THAT THE TOTAL AWARD TO ALL
CLAIMANTS OR BENEFICIARIES CONFORMS TO THE LIMITATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed
prospectively to apply only to causes of action for wrongful death that arise on or after the
effective date of this Act and may not be applied or interpreted to have any effect on or
application to causes of action for wrongful death that arise before the effective date of
this Act.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

May 22, 1997

The Honorable Thomas V. Mike Miller, Jr.

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