And Swine Flew . . . Tort Reform Compromise Reached at Capitol

Primary House author Representative Daniel Sullivan

Senate Pro-Tempore Glenn Coffee, Primary Senate author

Following years of dedicated effort, House members today overwhelmingly passed comprehensive changes to the state’s civil justice system that represent an agreement with lawmakers, business advocates, doctors, mineral owners and trial lawyers.  Governor Brad Henry called the package “a strong piece of reform legislation” and “perhaps the most comprehensive tort bill in state history,” an indication that he will sign the bill after passage in the Senate this week.

The compromise bill is the culmination of years of work between lawmakers and stakeholders to find a way to reduce the number of frivolous lawsuits in Oklahoma, without closing access to the courthouse.

Under the compromise, House Bill 1603 contains an assortment of reforms, including the following:

• A cap on “pain and suffering” awards of $400,000 outside of exceptional circumstances.
• Restricts court shopping in class-action lawsuits, and allows for attorney fees to be reviewed.
• Requires an expert to certify that a professional negligence case has merit before it can proceed.
• Summary Judgment – Adopted Federal Rules
• Gun Manufacturers Liability Protection — Exempts gun manufacturers, distributors and sellers who “lawfully” manufacture, distribute or sell firearms from liability for “any injury suffered.” Does not exempt such firearms from product liability if appropriate.

As a practicing attorney, I know firsthand the tremendous cost and burden associated with litigation. And I join the overwhelming majority of Oklahoman’s who are disgusted with ridiculous lawsuits like the one filed just a couple of years ago against the State of Oklahoma by the teachers’ union (OEA) asking the court to make decision on how to spend government revenue. The reforms in House Bill 1603 pass the test because they are carefully crafted to reduce or eliminate frivolous lawsuits while not taking away our right to access the courts and to trial by jury that our Founding Fathers fought and died to preserve.

I have only one concern about HB 1603, that is the task force it sets up to figure out how the state will obtain a reinsurance policy to cover damages awarded to victims of medical malpractice in cases where the cap is lifted. The bill calls for the state (taxpayers) to purchase this reinsurance policy.

The reinsurance policy would pay up to $20 million a year to injured Oklahomans in exceptional circumstances of gross negligence or severe disfigurement. It is estimated such a policy would cost less than $1 million annually for the additional protection.

As a believer in limited government, I thinkn its wrong for the state to be spending tax money to be an insurance policy that will cover the professional negligence of bad doctors (or any other negligent party). After speaking with several legislators who tell me they too are dead set against speding tax dollars to buy such insurance, I will be keeping an very wide open set of eyes on this task force and all conservatives ought to also.