The Wisconsin Medical Society filed suit in Dane County Circuit Court October 29 to challenge the legality of the State of Wisconsin withdrawing $200 million from the Injured Patients and Families Compensation Fund. The Society believes that this action by the Governor and Legislature is both unconstitutional and detrimental to the citizens of Wisconsin. Independent analysis of the Fund’s fiscal status shows that the Fund will become destabilized as soon as this money is taken. The Fund was created to provide funds for injured patients and to stabilize Wisconsin’s medical liability climate. To learn more about the Fund and the lawsuit, click on these links:

• Office of the Commissioner of Insurance: Injured Patients and Families Compensation Fund
• Legislative Fiscal Bureau Paper 377
• Legislative Audit Bureau Report

Court Documents

• Society's Letter Responding to the State's August 18, 2008 Brief (August 20, 2008)
• State's Brief in Opposition to the Society's Motion to Strike (August 18, 2008)
• Society's Reply Brief in Support of Motion for Summary Judgment (August 8, 2008)
• Cynthia Buchko Second Affidavit in Support of Motion for Summary Judgment (August 8, 2008)—Attachments available upon request
• Society's Notice of Motion and Motion to Strike (August 8, 2008)
• State's Brief for Summary Judgment (July 3, 2008)
• State's Attachments to Brief for Summary Judgment (July 3, 2008)
• Affidavit of David P. Schmiedicke (July 3, 2008)
• Wisconsin Hospital Association Motion to file Amicus Curiae Brief in support of Society's Summary Judgment Motion (July 3, 2008)
• Wisconsin Hospital Association Amicus Curiae Brief in support of Society's Summary Judgment Motion (July 3, 2008)
• Medical College of Wisconsin's Motion to file Amicus Curiae Brief in support of Society's Summary Judgment Motion (July 2, 2008)
• Medical College of Wisconsin's Amicus Curiae Brief in support of Society's Summary Judgment Motion (July 2, 2008)
• Affidavit of Jonathan I. Ravdin, MD (July 2, 2008)
• Society's Motion for Summary Judgment (June 6, 2008)
• Society's Brief in Support of Motion for Summary Judgment (June 6, 2008)
• Affidavit of David Hoffmann, MD (June 6, 2008)
• Affidavit of Melissa Breen (June 6, 2008)
• Affidavit of George Quinn (June 6, 2008)
• Affidavit of Cynthia Buchko (June 6, 2008)—Attachments available upon request
• State's answer to the amended complaint (March 26, 2008)
• Amended Complaint (February 29, 2008)
• State's answer to the Complaint (December 14, 2007)
• Voluntary dismissal of Sean Dilweg and Fund Board (December 7, 2007)
• Complaint (October 29, 2008)

Recent web postings on the topic:

No decision today in Court for IPFCF lawsuit (August 25, 2008)

Wisconsin Medical Society asks Court to declare raid on Injured Patients and Families Compensation Fund unconstitutional (June 6, 2008)

Mauston doctor joins lawsuit to overturn raid on Injured Patients and Families Compensation Fund (March 4, 2008)

Society files amended claim in Fund lawsuit (February 29, 2008)

State report indicates Fund intended for injured patients is in jeopardy (January 18, 2008)

Physicians dismiss the Fund Board from lawsuit (December 7, 2007)

Society files suit to stop $200 million raid on fund for injured patients (October 29, 2007)

Proposed Fund Raid: $300M? (September 28, 2007)