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Med Mal News
On July 10, the U.S. Senate killed legislation that sought to limit non-economic damage recoveries in medical malpractice suits to $250,000. It would also have capped punitive damages at the greater of $250,000 or twice the amount of economic damages. The vote was 49-48, with Republicans largely favoring it and Democrats opposing it. President Bush, who was pushing for passage of the bill, stated after the vote that he was dismayed by the outcome because access to quality health care is being jeopardized by frivolous lawsuits. The bill was similar to one passed by Congress earlier this year.
New Jersey Plaintiffs Lose Right to Interest
The New Jersey State Supreme Court has banned prejudgment interest on future economic losses in tort actions as of July 1. For 26 years, the court's rulings have routinely awarded such interest, but the court reversed itself when it announced the new ban in a notice published June 2 in the New Jersey Law Journal (172 N.J.L.J. 694, June 2). Interest on non-economic damages was unaffected by the ruling.
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