- Associated Press - Friday, January 28, 2011

TOPEKA, Kan. (AP) — Attorneys will get another chance to argue that a Eudora woman deserves more of the money she was awarded after a doctor removed the wrong ovary during a 2002 operation.

Amy Miller was awarded $760,000 by a Douglas County jury, including $400,000 for noneconomic losses. But a judge reduced the noneconomic losses, saying such losses can’t surpass $250,000. He also dropped $100,000 that jurors awarded for future medical expenses.

Miller’s attorneys claim the $250,000 cap violates a person’s constitutional right to trial by jury and infringes on the constitutional authority of the judiciary.

Insurance companies, doctors and businesses support the cap.

Last week, Kansas Supreme Court Chief Justice Lawton Nuss ordered that new arguments in the case be heard Feb. 18.

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