Ch. 5

2004 LAWS OF MARYLAND

(F)  IF THE JUDGMENT FINALLY OBTAINED IS NOT MORE FAVORABLE TO THE
ADVERSE PARTY THAN THE OFFER, THE ADVERSE PARTY WHO RECEIVED THE OFFER
SHALL PAY THE COSTS OF THE PARTY MAKING THE OFFER INCURRED AFTER THE
MAKING OF THE OFFER.

3-2A-09.

(A) THIS SECTION APPLIES TO A JUDGMENT UNDER THIS SUBTITLE FOR A
CAUSE OF ACTION ARISING ON OR AFTER JANUARY 1, 2005.

(B) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
SUBSECTION PARAGRAPH, A JUDGMENT UNDER THIS SUBTITLE FOR NONECONOMIC
DAMAGES FOR A CAUSE OF ACTION ARISING BETWEEN JANUARY 1, 2005, AND
DECEMBER 31, 2007, INCLUSIVE, MAY NOT EXCEED $650,000.

(II) THE LIMITATION ON NONECONOMIC DAMAGES UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCREASE BY $15,000 ON JANUARY 1
OF EACH YEAR BEGINNING ON JANUARY 1, 2008.

(III) THE INCREASED AMOUNT UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH SHALL APPLY TO CAUSES OF ACTION ARISING BETWEEN JANUARY 1
AND DECEMBER 31 OF THAT YEAR, INCLUSIVE.

(2) THE LIMITATION UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL APPLY IN THE AGGREGATE TO ALL CLAIMS FOR PERSONAL INJURY AND
WRONGFUL DEATH ARISING FROM THE SAME MEDICAL INJURY, REGARDLESS OF
THE NUMBER OF CLAIMS, CLAIMANTS, PLAINTIFFS, OR DEFENDANTS.

(C)     (1) IN A JURY TRIAL, THE JURY MAY NOT BE INFORMED OF THE
LIMITATION UNDER SUBSECTION (B) OF THIS SECTION.

(2) 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.

(3) 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 UNDER SUBSECTION (B)
OF THIS SECTION OR A REDUCTION UNDER PARAGRAPH (4) OF THIS SUBSECTION;

(I) IF THE AMOUNT OF NONECONOMIC DAMAGES FOR THE
PRIMARY CLAIMANTS, AS DESCRIBED UNDER § 3-904(D) OF THIS TITLE, EQUALS OR
EXCEEDS THE LIMITATION UNDER SUBSECTION (B) OF THIS SECTION OR A
REDUCTION UNDER PARAGRAPH (4) OF THIS SUBSECTION:

1. THE COURT SHALL REDUCE EACH INDIVIDUAL AWARD OF
A PRIMARY CLAIMANT PROPORTIONATELY TO THE TOTAL AWARD OF ALL PRIMARY
CLAIMANTS SO THAT THE TOTAL AWARD TO ALL CLAIMANTS OR BENEFICIARIES
CONFORMS TO THE LIMITATION; AND

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