HOUSE DOCKET, NO. 406 FILED ON: 1/12/2009
HOUSE . . . . . . . . . . . . . . . No. 1521
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act Relative to Judgment Interest.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 231 of the General Laws is hereby amended by striking out section 6B and inserting in place thereof the following section: -
Section 6B. In any action in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, or for damage to property, there shall be added by the clerk of court to the amount of damages interest thereon at a rate equal to the weekly average 1-year constant maturity Treasury yield plus 2 per cent, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment from the date of commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.
SECTION 2. Chapter 231 of the General Laws is hereby further amended by striking out section 60K and inserting in place thereof the following section: -
Section 60K. In any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section 2 of Chapter 229, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1-year constant maturity Treasury yield plus 24 per cent, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment.