Ch. 5                                       2004 LAWS OF MARYLAND

(I) PAST MEDICAL EXPENSES;

(II) FUTURE MEDICAL EXPENSES;

(III) PAST LOSS OF EARNINGS;

(IV) FUTURE LOSS OF EARNINGS;

(V) PAST PECUNIARY LOSSES;

(VI) FUTURE PECUNIARY LOSSES;

(VII) OTHER PAST ECONOMIC DAMAGES;

(VIII) OTHER FUTURE ECONOMIC DAMAGES; AND

(IX) NONECONOMIC DAMAGES.

(2) A party filing a motion for a new trial may object to the damages as
excessive on the ground that the [claimant] PLAINTIFF has been or will be paid,
reimbursed, or indemnified to the extent and subject to the limits stated in §
3-2A-05(h) of this subtitle.

(3) (2) The court shall hold a hearing and receive evidence on the
objection.

(4) (3) (I) If the court finds from the evidence that the damages are
excessive on the grounds stated in § 3-2A-05(h) of this subtitle, subject to the limits
and conditions stated in § 3-2A-05(h) of this subtitle, it may grant a new trial as to
such damages or may deny a new trial if the [claimant] PLAINTIFF agrees to a
remittitur of the excess and the order required adequate security when warranted by
the conditions stated in § 3-2A-05(h) of this subtitle.

(II)     In the event of a new trial granted under this subsection,
evidence considered by the court in granting the remittitur shall be admissible if
offered at the new trial and the jury shall be instructed to consider such evidence in
reaching its verdict as to damages.

(III)   Upon a determination of those damages at the new trial, no
further objection to damages may be made exclusive of any party's right of appeal.

(5) (4) Except as expressly provided by federal law, no person may
recover from the [claimant] PLAINTIFF or assert a claim of subrogation against a
defendant for any sum included in a remittitur or awarded in a new trial on damages
granted under this subsection.

(6) (5) Nothing in this subsection shall be construed to otherwise limit
the common law grounds for remittitur.

(i) The clerk of the court shall file a copy of the verdict or any other final
disposition CONCERNING A PHYSICIAN with the [Director] STATE BOARD OF
PHYSICIANS.

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