Articles Posted in H.R. 1215

Republican Arizona Representative Martha McSally recently penned an article for the Arizona Daily Star about why she decided to break party alliances and vote against a bill that would take away an injured victim’s right to fair compensation.

H.R. 1215, also known as the Protecting Access to Care Act, narrowly passed the House with a vote of 218-210 in late June, thanks to 19 ‘No’ votes from Republican congress members such as Ms. McSally. While voting has yet to take place in the Senate, the slim margin by which the bill passed in the House gives many hope that Senators and Representatives are trusting their gut feelings about such a restrictive bill, as well as listening to the loud voices of their constituents. The bill would only allow victims of medical error, nursing home abuse and neglect, and of medical device and prescription drug injuries no more than $250,000 in non-economic damages, frequently referred to as ‘pain and suffering.’

No Price Tag on a Life or One’s Livelihood

An appeals court in Wisconsin ruled in favor of overturning the state’s $750,000 non-economic damages cap, with Judge Joan Kessler saying that a “cap on non-economic medical malpractice damages always reduces non-economic damages only for the class of the most severely injured victims who have been awarded damages exceeding the cap, yet always allows full damages to the less severely injured malpractice victims.”

The case was brought forth by Wisconsin’s state medical malpractice fund, an entity that is responsible for the payment of malpractice settlements and judgements against state-run facilities. The appeal came after a Milwaukee mother of 4 suffered from an infection that put her into septic shock and a coma, leading to amputation of all 4 limbs. The woman, Ascaris Mayo, was only 57 years old in 2011 when the missed diagnosis of a Strep A infection forced her to become a quadruple amputee. In 2014, a jury awarded her $8.8 million in economic damages, along with $16.5 million for pain and suffering. Under previous Wisconsin law, she would have been able to collect the $8.8 million in economic damages, but only $750,000 for pain and suffering.

It is expected that the state medical malpractice fund will attempt to take the appeal before the Wisconsin Supreme Court, but the victory of Mrs. Mayo in Wisconsin is a step in the right direction for all injured victims and those of us who fight for patients’ rights.

In a House vote yesterday, H.R. 1215, also known as the Protecting Access to Care Act, passed by an extremely close margin of 218 – 210. With such questionable support, patient advocates and all of us who fight to uphold the 7th amendment (the right to a trial by jury) feel hopeful that Senate Democrats and Republicans will vote against the bill. While the date of a Senate vote is yet to be announced, we cannot stress enough how important it is to continue contacting your Senators to voice your opposition to the bill. To make your voice heard, you can call your members of Congress by visiting www.takejusticeback.com/protectpatients.  Please act now.

Below is a statement from the American Association of Justice on the passage of H.R. 1215 in the House of Representatives:

For Immediate Release 

We’re in the final stretch of awaiting a House vote on H.R. 1215, otherwise known as the Protecting Access to Care Act. It is believed that a vote could happen at any time, leaving little time to waste in getting the message out about the deceptively named bill.

To recap, H.R. 1215 is a bill introduced in the House of Representatives and cosponsored by 3 Republican congressman from 2 states (2 from Texas, 1 from Iowa). While the name of the bill sounds like it has the best interests of Americans in mind, the grim reality is that the bill would alter the statute of limitations to bring a lawsuit against a negligent provider, as well as cap non-economic damages in medical malpractice lawsuits at $250,000, both of which override the authority of many states who have already found malpractice caps to be unconstitutional and have set their own statute of limitations.

A cap on non-economic damages is an insult to every victim, both current and future, that has suffered from medical negligence. This means that preventable medical errors that cause suffering such as infertility, paralysis, brain damage, trauma (both physical and emotional), and even death are worth no more than $250,000.