On May 12, 2009, the 5th District Court of Appeal heard oral arguments in the most recent challenge to California’s unfair and antiquated 34 year-old cap on pain and suffering damages in medical malpractice cases in Van Buren v. Evans, FO54227. Less than 4 weeks later, in an unpublished opinion, it upheld the validity of the antiquated, repressive and unconstitutional scheme.