“My Dad was my everything,” his daughter Jasmine recalls. “He really was the center of our world.”

“He was the rock that held our family together,” agrees his wife, Anne. “He did everything for us. He cooked, cleaned, maintained our home, counseled us, consoled us, and loved us. We lost him too soon.  

After his death, Leon’s family consulted with an attorney to try to learn more about what had happened to him.  What they discovered shocked them. Even if it could be proven that Leon’s death was avoidable, all of the pain and suffering Leon had endured over that final nine months, plus the loss they all will suffer for the rest of their lives, would be limited to a fixed amount under Maryland’s non economic damages cap. 

“The people that come to me for help, have had their lives completely destroyed by someone else’s mistake” says Mr. Paul D’Amore of the D’Amore Personal Injury Law firm. D’Amore has witnessed firsthand the devastating effects this mandatory cap has had on Maryland families. “Placing an arbitrary limit on what they can recover for that harm is a complete injustice. We must remember, one of the most important rights that people fought and died for, was the right to have their disputes decided by a jury of their peers, and not the King. But this law puts the King right back into Courtroom and says, ‘the government has decided that big insurance is more important than you, the people.”

D’Amore is part of a growing movement to repeal Maryland’s noneconomic damage cap and bring justice to families like Leon’s. Initially implemented under the guise of protecting the medical industry from large sums awarded by juries, D’Amore says that, in reality, the cap functions as a deterrent against malpractice and wrongful death cases. The amount a victim in Maryland can recover is low enough to deter many law firms from taking on certain malpractice suits.

“I have worked on both sides. I have represented major hospital systems, doctors, and insurance companies, and now I represent the families who are trying to  hold those entities accountable for their negligence. From what I have seen, the only ones benefiting from this law are the insurance companies and big corporations who use it to add millions to their bottom line”, says D’Amore.

Anyone who’s experienced this arcane system knows how frustrating it can be. But until it happens to you, most people don’t even know the law exists.

D’Amore puts it this way: “I’ve been in this business for almost 30 years and I can count on one hand the number of people who knew this cap existed before they were in a position to be harmed by it. That’s why the cap still exists. No one knows about it unless they’ve been affected by it.”

And yet, a wrongful death, no-fault personal injury, or medical malpractice case can happen to anyone.

“Imagine you’re someone with a corporate job that really loves cross-country skiing,” D’Amore explains. “If you suffer a life-altering injury because of medical malpractice or a car accident that prevents you from working and cross-country skiing, it’s simple math; you will be compensated for the years of income you lost. But under Maryland’s noneconomic damage cap, you may get little to nothing to compensate you for the loss of the very thing that gives your life meaning. Because, let’s face it, how many people do you know who work because they love to work? Everyone I know works so they can do the things they really enjoy. Putting a cap on that loss is a perversion of basic human values and people need to know about it.”

Mr. D’Amore notes that the reasoning behind the law—that without it, doctors would flee the state of Maryland—has been all but debunked. All one has to do is look at what the insurance industry is worth in Maryland—$46 billion dollars in 2023 according to the Maryland Insurance Administration—to realize this law is about corporate greed, not safeguarding doctors.

“To have a cap that says your suffering is not worth any more than this number;  that’s what your father’s suffering was worth, that’s insulting,” says Jasmine. “There needs to be an understanding that the cap is just a number. It doesn’t define what people go through.”

It’s not only victims who lose with the cap. Depressing the value of what a victim can recover in the event of medical malpractice or wrongful death puts the safety of Maryland’s entire health system in question.

“What really drives me crazy is the cap acts as a disincentive to increase the quality of healthcare,” says D’Amore.

The good news is, unlike many social ills, this problem has an easy solution: repeal the cap.

 “We’re trying to raise awareness, and then have voters contact Governor Moore, and their State Representatives,” says D’Amore.

“We need the legislators to hear from their voters,” Jasmine agrees. “We need change”

Voters can find contact information for Governor Moore and their state representative here. All it takes is a phone call or an email stating that you want the pain and suffering damage cap repealed. Empower families to receive the justice they deserve while making Maryland’s healthcare system safer for us all.   

“My goal is to be put out of business,” D’Amore says. “With no cap, accountability increases, and fewer people are hurt. Then, nobody needs me anymore.”