THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, May 11, 1995 TAG: 9505110459
SECTION: FRONT PAGE: A7 EDITION: FINAL
SOURCE: KNIGHT-RIDDER NEWS SERVICE
DATELINE: WASHINGTON LENGTH: Medium: 59 lines
After breaking a two-week filibuster, the Senate on Wednesday approved a stripped-down bill to make it harder to collect large damage awards from companies that market defective products.
The bill's supporters hailed the vote as a major reform that will ``provide long-overdue relief from lawsuit abuse which adds to the price of consumer goods and medical products,'' as Senate Majority Leader Bob Dole, R-Kan., put it.
But opponents, led by consumer groups and the American Trial Lawyers Association, said the Senate gave in to manufacturers and drug makers whose products could cause serious injury or death.
``The message is clear,'' said Robert Brandon, spokesman for the group Citizens Allied for Safety and Accountability. ``Manufacturers are free to choose profit over safety.''
The House has already passed a legal reform bill, but one that is much more sweeping than the Senate version, which was approved Wednesday on a 61-37 vote. Differences between the two measures will have to be worked out by congressional negotiators.
President Clinton has signaled that he will oppose any effort to cap punitive damages in all civil suits, saying it could limit civil damages sought by the victims of reckless drivers, criminals and others.
Among the major differences between the House and Senate:
The House bill caps punitive damages in all civil cases, including medical malpractice suits. The Senate bill applies only to product liability cases.
The House bill does not allow judges to increase punitive damages. The Senate bill gives judges the power to increase damages beyond the limits if necessary to punish manufacturers.
The House bill requires losers in some federal suits to help pay the legal fees of their opponents, as a deterrent to frivolous claims. The Senate made no such provision.
The Senate provides for a a $250,000 cap on punitive damage awards against small companies - those with fewer than 25 workers. Such awards against large companies would be limited to the greater of $250,000 or twice the amount of any compensatory damages. Compensatory damages include any economic loss by plaintiffs plus amounts for pain and suffering. ILLUSTRATION: HOW THEY VOTED
A ``yes'' vote is a vote to limit punitive damages in product
liability cases.
John W. Warner, R-Va.
Ill; did not vote
Charles S. Robb, D-Va.Yes
Jesse A. Helms, R-N.C.Yes
Lauch Faircloth, R-N.C.Yes
by CNB