Judges and juries make awards in medical cases every day. Lest you forget, Robert's opinion in the 0bamacare ruling, written for the majority, found parts of 0bamacare Unconstitutional. It found only the individual mandate, viewed as a tax, to be Constitutional.
Challenges to 0bamacare in Federal Court are not over and will be going on for years.
Finally, I think you missed the most significant aspect of the whole 0bamacare fiasco: The electorate put in place a pResident and two Houses of Congress that passed and signed 0-care. As I said: we are protected from slippery slopes by our institutions, but most importantly by the vigilance of the polity. In the case of 0-care we, The People, failed, plain and simply.