Over 100,000 people die and thousands more are injured each year due to medical errors and yet, some in Congress want to limit patient’s access to the courts and they are attempting to pass a bill that would do just that.
Public Citizen’s Christine Hines explains why the current situation in Congress cannot go undetected in a piece entitled, “The GOP shield for the healthcare industry,” for The Hill:
“A subcommittee of the House Energy and Commerce Committee recently debated H.R. 5, which would give virtual liability immunity to the medical industry for reckless conduct. Included in its repertoire is a national $250,000 cap on non-economic damages, restrictions on punitive damages against pharmaceutical and medical device companies that engage in reckless conduct, limits on the time period for a patient to file a lawsuit to seek compensation for injuries and other obstacles that would deter meritorious cases from going forward.
Hines notes this of the bill’s sponsor:
According to Gingrey, “[h]ealth care-related lawsuits are activities that affect interstate commerce.” Yet, for Gingrey, his statement represents a complete reversal from his position on the Affordable Care Act, which he has called “the government takeover of our healthcare system.”
What else is of interest is how Gingrey is trying to stance on access to the court was different when it involved him. See here.
According to Hines,
“Support for H.R. 5 among purported conservatives has nothing to do with adhering to particular principles. It is largely about giving handouts to powerful friends in the medical industry.”
Read the full text of “The GOP shield for the healthcare industry,” which originally appeared in the Hill.
Linda Dewey MD
This is an extremely important issue, (“malpractice reform”), as there is not enough information circulating for the public to really know what is going on. I highly recommend the book, “The Medical Malpractice Myth” by Tom Baker. This very well researched book confirms what this article first mentions – the millions of medical errors – and exposes the myth that patients suing doctors is contributing to rising health care costs. In fact, the vast majority of patients who have, in fact, experienced gross malpractice and negligence never even attempt to file a lawsuit. This myth must be exposed for what it is; otherwise, these cronies who are trying to pass “Malpractice Reform” will have their way.
May 11, 2011 at 11:57 pm
Raymond
This is just another way to screw the consumer and uphold corporate hold over citizens. This and the recent SCOTUS decision to disallow class action lawsuits by inserting into contracts agreements not to sue the corporation, leaving the only recourse for citizens harmed by business being through corporate arbitrators who will never go against consumers,(smile, wink, wink). Is there anyone as outraged as I am about the way things are going? Conservative SCOTUS judges are in the backpockets of the corporations and the wealthy.
There was a surgeon with two sons who in Denver was riding his bicycle when he was involved in a hit and run perpetrated by a wealth manager at Morgan Stanley using his top of the line Mercedes Benz. While the surgeon was left for dead and injured permanently with a lifetime of physical pain and suffering in his future, the Morgan Stanley manager got off on a lesser charge than a felony hit and run accident. As it turns out, the District Attorney in the case decides to drop the felony hit and run charges and instead cites two misdemeaner traffic charges. The primary reason for the devolvement of the charges against the wealthy Morgan Stanley wealth manager was done by the DA, because: basically because he was rich. The DA said, quote, “Felony convictions have serious job implications for someone in his high profile position, and that made my decision for me.” WTF!!!!! So he is saying that the rules for felony hit and run, don’t apply equally to each of us. He does not mention the surgeon, the victim in this case, but he seems to think the rich have a special position and should not be held accountable as their fellow non-rich citizens.
Do stories like this not cause lost sleep at night for anyone else but me??? And this is not the exception, it is the rule where the rich and the corporations are concerned and the rest of have to sit back and suck on it. I refuse to do that. And I will join with anyone who wants to change this kind of stuff. To the wealthy, wealth means that they are a big part of exceptionalism, privilege, and superiority, above it all, they think, “the rules everyone else must go by, do not apply to me,” and power through money and assets is the inner poverty of the rich. They seem to think that they have lived and gained their monetary assets living on an island all by themselves, that luck and circumstance paid no part in their success, they earned it they think and so they should be able to keep all of their money, which is to them just rewards for their efforts, in spite of the US largesse and protection and infrastructure that actually favored their success. They did not do it alone, they had help by living as a citizen of these United States and using its protections to aid their success.
And don’t get me started about the TprtyRepthugnut rightwing nuttery nutjobs and some turncoat Democrats who want to take women back to the 18th and 19th centuries with their HR 3 and HR 358 bills.
GRRRRRR!!!!!!I am simply outraged and peed off!!!! This must stop immediately!!!
May 17, 2011 at 6:28 pm
Lupron Victim
Oppose Nightmare H.R. 5 Bill Which Increase Costs, Risks
Heath Care, Tort Reform – Oppose H.R. 5 Bill
Bill => Denies Compensation for Disabled Victims
Creates Lifetime Dependency on Government Support, Tax-Funded
I hope that you will help to spread the word to warn people about this nightmare H.R. 5 tort reform bill (immunity for pharma & doctors) and the dangerous ineffective drug Lupron.
Please stop this horrible H.R. 5 bill, so called “HEALTH Act 2011”, an unreasonable risk to our health care, an elimination of our 7th Amendment Right, safety and freedom. The bill would give full immunity to tortfeasors, like Abbott Laboratories (Abbott/TAP convicted criminals) and significantly increase health care costs and safety risks. Unfortunately, many people get mislead by bill allegations and don’t research the bad hidden parts/details, the truth which hurts Americans.
H.R. 5 Bill Would Dramatically Increase Health Care Costs & Safety Risks
H.R. 5 is an extreme bill that would eliminate Americans’ rights and offer a handout to the medical industry by allowing it to go unpunished when patients are harmed or killed. Please ask Congress to vote NO on the H.R. 5 bill! This bill would dramatically increase health care costs and safety risks. Tortfeasors in the medical industry, like Abbott must be held accountable for their wrongdoing, not tax-payers.
This bill would give irresponsible pharma companies immunity and eliminate our rights, safety and freedom. Legal accountability provides a strong incentive to focus on safety and reduce errors. Evil drug companies, like Abbott, must not be allowed to commit fraud, disable our people and then get full immunity (without facing any consequences). Congress should focus on improving patient safety and reducing deaths and injuries, and not give immunity to the reckless and greedy pharmaceutical industry.
Harm by H.R. 5 Bill to All Americans:
1) Immunity, Handout for Wrongdoers in Medical Industry – Fool’s License = Unsafe, More Victims
Disabled Victims of Doctors – Medical Malpractice
and Dangerous Drugs – Irresponsible Greedy Pharma
Victims Never Get Fair Compensation – Zero Punitive Damages
Creates Lifetime Dependency On Government Payments
Severe Burden On Tax Funded Programs
2) Anti Patient Bill of Rights & Unconstitutional – Against 7th Amendment Right
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
The 7th Amendment to the Constitution of the United States of America.
3) Zero Punitive Damages – When Pharma Willfully Commits Fraud, Which Disables Victims
Every pharmaceutical company, which hurts a victim, by committing intentional fraud will be immune.This bill would deny victims’ punitive damages, zero recovery, no punitive damages! See bill Sec. 6, (c). http://www.govtrack.us/congress/billtext.xpd?bill=h112-5
Punitive damages are necessary to punish greedy pharmaceutical companies to deter similar conduct in the future, when pharma intentionally hides the truth, committing fraud, which hurts us patients. The amount of punitive damages is up to the jury, 7th Amendment Right.
4) Denies All Plaintiffs’ Attorneys Possibility to Represent Injured Victims
Bill Sec. 5, (a) (4) would limit the contingency fee to only 15% (attorney’s fees if plaintiff gets a recovery) http://www.govtrack.us/congress/billtext.xpd?bill=h112-5
Plaintiffs’ attorneys, who fight for right and justice have to invest an enormous amount of time and money (high expert costs) and risk to help victims. No attorney in this country would ever be able to help victims with this horrible unreasonable “law”. This will mean no lawsuits, no recovery and an enormous burden on tax-funded programs (hurt, non-compensated victims – lifetime dependency on Government support).
Dangerous & Ineffective Drug Lupron – Thousands of Victims
Abbott – Convicted Criminals
I’m 23 years old and one of thousands of disabled Lupron victims. I suffer every day, chronic pain, fatigue, serious progressive chronic autoimmune disorder, disc degeneration, bone density loss, low estrogen (infertility). Lupron is a dangerous and ineffective drug, a nightmare injection, made by Abbott, who are convicted criminals, fraud. There are many disabled Lupron victims nationwide, see:
http://www.petition2congress.com/1902 and http://www.lupronvictimshub.com
Thousands of people are begging the FDA and Congress to take Lupron off the market. Nothing has happened to protect our people. Abbott creates enormous suffering, medical costs (many patients go bankrupt), lifetime unemployment and inability to get an education, by making thousands of people permanently disabled with Lupron. Abbott intentionally withheld known risks of Lupron, misleading doctors and patients, gain motive. Abbott wrongfully gained billions of dollars by making our people, children, men and women permanently disabled with Lupron.
Abbott was investigated for Medicare/Medicaid fraud by the U.S. Senate, see link: http://finance.senate.gov/library/prints/download/?id=51c772ba-9b32-4f81-8f8e-688f22415617
Abbott/TAP defrauded Government, Medicare/Medicaid, doctors, patients – fraud with Lupron – criminal conviction, fine $ 875 million, see link: http://www.justice.gov/opa/pr/2001/October/513civ.htm
Abbott/TAP bribed doctors, $ 100,000 annually to prescribe Lupron, which lead to criminal conviction, see link: http://lupronvictimshub.com/home/TAP_RTP_Memo001.pdf
ACTION NEEDED
For more information, opposing this bill, see links:
http://www.citizen.org/Page.aspx?pid=2920
http://www.peopleoverprofits.org/siteapps/advocacy/ActionItem.aspx?c=ntJWJ8MPIqE&b=2422253&aid=15905
Please ask Congress to oppose this horrible H.R. 5 bill! I would appreciate it if I and other Lupron victims get invited to speak out at Congress when this bill gets discussed.
Please ask Congress to oppose all other similar bills that might be suggested by the medical/pharma industry, where greedy corporations (minority) are favored and our people (majority) are hurt.
I also hope that you will help to get Lupron off the market, before more people get disabled and depend on Government support for a lifetime.
Sincerely,
Disabled Lupron Victim at age 17, now age 23
I want to fight for the American people’s and Lupron victims’ rights nationwide and get more awareness of this horrible threat to people’s health.
September 17, 2011 at 8:29 pm