Structured Judgments and Periodic Payments in Missouri: Uncertainty on the Meaning of Tort Reform

In 1986, along with a number of states, Missouri enacted 1 538.220, RSMo, which allowed defendants who have been found liable for damages in medical malpractice actions to request a post-trial hearing at which periodic payments of the award will be scheduled. Section 538.220 also allows for termination of periodic payments for life care if the claimant dies before all payments have been made. However 5 538.220 offers very little guidance as to how such payments should be scheduled. This paper examines the specific provisions of 5 538.220 and the five reported cases that invoke 5 538.220, and considers how an economic expert can be of assistance to litigating parties under this section of Missouri law.