ROBERT L. EHRLICH, JR., Governor                                Ch. 5

2. THE COURT SHALL REDUCE EACH AWARD, IF ANY, TO A
SECONDARY CLAIMANT, AS DESCRIBED UNDER § 3-904(E) OF THIS TITLE TO ZERO
DOLLARS; OR

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

1. THE COURT SHALL ENTER AN AWARD TO EACH PRIMARY
CLAIMANT, IF ANY, AS DIRECTED BY THE VERDICT; AND

2. THE COURT SHALL REDUCE EACH INDIVIDUAL AWARD OF
A SECONDARY CLAIMANT PROPORTIONATELY TO THE TOTAL AWARD OF ALL OF THE
SECONDARY CLAIMANTS SO THAT THE TOTAL AWARD TO ALL CLAIMANTS OR
BENEFICIARIES CONFORMS TO THE LIMITATION OR REDUCTION.

(4) IN A CASE IN WHICH THERE IS A PERSONAL INJURY ACTION AND A
WRONGFUL DEATH ACTION, IF THE TOTAL AMOUNT AWARDED BY THE JURY FOR
NONECONOMIC DAMAGES FOR BOTH ACTIONS EXCEEDS THE LIMITATION UNDER
SUBSECTION (B) OF THIS SECTION, THE COURT SHALL REDUCE THE AWARD IN EACH
ACTION PROPORTIONATELY SO THAT THE TOTAL AWARD FOR NONECONOMIC
DAMAGES FOR BOTH ACTIONS CONFORMS TO THE LIMITATION.

(A) THIS SECTION APPLIES TO AN AWARD UNDER § 3-2A-05 OF THIS SUBTITLE
OR A VERDICT UNDER § 3-2A-06 OF THIS SUBTITLE FOR A CAUSE OF ACTION ARISING
ON OR AFTER JANUARY 1, 2005.

(B) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPH (2)(II) OF THIS
SUBSECTION, AN AWARD OR VERDICT UNDER THIS SUBTITLE FOR NONECONOMIC
DAMAGES FOR A CAUSE OF ACTION ARISING BETWEEN JANUARY 1, 2005, AND
DECEMBER 31, 2008, INCLUSIVE, MAY NOT EXCEED $650,000.

(II) THE LIMITATION ON NONECONOMIC DAMAGES PROVIDED
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCREASE BY $15,000 ON
JANUARY 1 OF EACH YEAR BEGINNING JANUARY 1, 2009. THE INCREASED AMOUNT
SHALL APPLY TO CAUSES OF ACTION ARISING BETWEEN JANUARY 1 AND DECEMBER
31 OF THAT YEAR, INCLUSIVE.

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, 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, BENEFICIARIES, OR DEFENDANTS.

(II) IF THERE IS A WRONGFUL DEATH ACTION IN WHICH THERE
ARE TWO OR MORE CLAIMANTS OR BENEFICIARIES, WHETHER OR NOT THERE IS A
PERSONAL INJURY ACTION ARISING FROM THE SAME MEDICAL INJURY, THE TOTAL
AMOUNT AWARDED FOR NONECONOMIC DAMAGES FOR ALL ACTIONS MAY NOT
EXCEED 125% OF THE LIMITATION ESTABLISHED UNDER PARAGRAPH (1) OF THIS
SUBSECTION, REGARDLESS OF THE NUMBER OF CLAIMS, CLAIMANTS, PLAINTIFFS,
BENEFICIARIES, OR DEFENDANTS.

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