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Kris was twelve days old when he was admitted for treatment of a fever at the Ellsworth Air Force Base Hospital. On the night before his discharge, the specialists failed to report to nurses or physicians that Kris' temperature had been dropping throughout that night. Kris developed hypoglycemia and suffered respiratory arrest resulting in severe, permanent brain damage. Knowles (P) brought suit on their own behalf and for Kris for medical malpractice, emotional distress, and loss of consortium. The United States admitted liability for medical malpractice and filed a motion for entry of judgment of $1 million based on SDCL 21-3-11, 1 which limits damages in medical malpractice actions to $ 1 million. P appealed. The Eighth Circuit certified a number of questions for review by the South Dakota Supreme Court, principally of which was whether the damages cap violated the state and federal constitutions.

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