Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, March 10, 1995 TAG: 9503110038
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
On a 247-171 vote, lawmakers voted to include the ceiling as part of a broader bill to impose a nationwide ceiling on punitive damages in product liability lawsuits. Final passage of the bill is expected today.
Supporters hailed the malpractice measure as a linchpin to reforming the nation's health care system and holding down increases in medical costs. Opponents decried it as a further victimization of patients and relatives already wronged.
Lawmakers also voted on a matter of much less controversy: to prohibit courts from awarding punitive damages to the makers of FDA-approved drugs or medical devices.
The American Medical Association, which represents thousands of physicians, lobbied intensively over the last few days for the ceiling on malpractice damages as part of the Republicans' broader package of legislation to discourage all kinds of lawsuits.
The effort included radio and newspaper advertisements as well as personal contacts with lawmakers.
``I don't think there's one House member who hasn't been called,'' said AMA spokesman Jim Stacy. ``All the stops have been pulled out,''
Rep. Christopher Cox, R-Calif., said the measure was patterned after a system in his state, where malpractice premiums are one-third to one-half lower than in states with no ceiling on pain and suffering damages.
``If this loses, the chances of meaningful health care reform in this Congress are virtually gone,'' said Rep. William Thomas, another California Republican.
Democrats scoffed.
Someone ``injured and maybe even butchered in surgery'' - even if the physician was drunk - would be limited to a noneconomic damage award of $250,000, said Rep. Henry Waxman, D-Calif.
The action came as the House worked on the third in a trio of business-supported laws to recast the civil legal system, a portion of the House GOP's ``Contract With America.'' The bills have been opposed by the nation's trial lawyers as well as consumer advocates.
One measure adopted narrowly earlier in the week would generally increase pressure on parties to settle lawsuits short of trial, or risk having to pay a portion of the other side's legal fees.
The second bill, approved overwhelmingly, would make it easier for defendants to prevail in lawsuits by shareholders alleging securities fraud.
The third bill, still pending, would establish nationwide standards for product liability cases, long a goal of businesses that must defend against such suits. It also would set limits on punitive damages in all civil cases.
Democrats, arguing that the bill would work against low-income plaintiffs, sought unsuccessfully Thursday to overturn the two key provisions.
``For too long, this nation has capitulated to the power of Ralph Nader and the trial lawyers,'' said Rep. John Linder, R-Ga., defending the GOP legislation.
Countered Rep. Joe Moakley, D-Mass., ``Let's look at the people represented by the trial lawyers: the elderly, the women, middle-income Americans.''
But exempting the makers of drugs and medical devices approved by the Food and Drug Administration from punitive damages entirely had the support of lawmakers from both parties and was approved on a voice vote.
Plaintiffs in such cases still would be eligible for economic damages as well as so-called noneconomic damages, which cover pain and suffering.
Jeff Trewhitt, a spokesman for the Pharmaceutical Research and Manufacturers of America, called the FDA's approval process for new drugs and medical devices ``the most stringent regulatory system in the world.''
Memo: Shorter version ran in Metro edition.