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Dead Constitution See other Dead Constitution Articles Title: Trial Lawyers Win Added Clout From Democrats In Health Bill Trial Lawyers Win Added Clout From Democrats In Health Bill The Senate health care bill includes a gift to trial lawyers: a five-year, $50 million program to encourage states to consult with them on "alternatives" to malpractice claims. Though presented as a reform, critics say the program will simply encourage states to create an additional option for lawyers and plaintiffs to pursue claims, without requiring them to give up anything in return. The provision is buried deep in the bill and drew little attention during the Senate debate. It demonstrates the clout of trial lawyers who, in addition, managed to keep malpractice reform out. "The immediate objective of this is to provide cover to lawmakers who feel they need to tell voters they did something on the tort front while guaranteeing that it won't amount to anything that would bother the trial bar," said Walter Olson, a senior fellow at the Manhattan Institute. He added: "A longer-term objective (will) result in program 'evaluations,' which — if I may boldly predict — will prove favorable only in the case of projects trial lawyers decide they like." The program appears on Page 344 of a 383-page package of amendments to the 2,074-page bill, set for a final vote in the Senate on Christmas Eve. Under the section, the Health and Human Services secretary "shall give preference" in making grants to states that develop alternatives in consultation with "relevant stakeholders." This category includes "attorneys with expertise in representing patients and health care providers." "The purpose of the section is to provide states with grant money to experiment with alternatives to medical malpractice litigation," said Jim Manley, spokesman for Senate Majority Leader Harry Reid, D-Nev. Manley cites a group called Sorry Works, which advocates for immediate disclosure and compensation in malpractice cases, as an example. Olson says the provision is written to encourage states to give plaintiffs a new avenue to litigate damages without closing off any old ones. Typically adjustments in these laws require everyone to give up something. Not this time. "States applying for grants will need to show that their projects will not in any way curtail existing rights to sue, even in minor ways," Olson said. The American Association for Justice — formerly known as the Association of Trial Lawyers of America — says it will fight any effort to change the bill. "We have been adamant ... that the health care bill cannot limit the rights of patients who have been injured through no fault of their own," said Linda Lipsen, an AAJ spokeswoman. "We will closely monitor this language as it moves through conference." Many Democratic constituencies have expressed frustration with the health care debate, arguing that moderates have stripped the bill of its more liberal provisions, such as the public option. Big Labor has opposed a tax included in the bill on high-end insurance plans. Unions argue it will affect too many plans obtained through collective bargaining. Trial lawyers have not been stung in the same way. They successfully opposed inclusion of tort reform in the bill even as Democrats promised to root waste, fraud and abuse. At a raucous town hall meeting hosted by Rep. Jim Moran, D-Va., in August, former Democratic National Committee Chairman Howard Dean explained that the party was just not willing to take on trial lawyers. "The reason that tort reform is not in the bill is because the people who wrote it did not want to take on the trial lawyers in addition to everyone else they were taking on," Dean said. "And that is the plain and simple truth." Trial lawyers are generous contributors to the Democratic Party. According to the Center for Responsible Politics, lawyers have made $869 million in campaign donations over the last decade, $611 million of which went to Democrats. The American Association of Justice has given $16.6 million in campaign contributions the past decade, $15.4 million of which went to Democrats. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 1.
#1. To: Eric Stratton (#0)
Though presented as a reform, critics say the program will simply encourage states to create an additional option for lawyers and plaintiffs to pursue claims, without requiring them to give up anything in return. States applying for grants will need to show that their projects will not in any way curtail existing rights to sue, even in minor ways," Olson said. The American Association of Justice has given $16.6 million in campaign contributions the past decade, $15.4 million of which went to Democrats.
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