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'Tort Hellhole' Moves to Curtail Access
Mississippi plaintiffs' lawyers, battered by a 2-year fight with medical and business lobbyists, are seeking ways to undermine new laws that limit civil litigants' access and recoveries in the state that has been dubbed a 'tort hellhole.' Meanwhile, the tort reform juggernaut is rumbling into other states.
'We expect this to be, legislatively, the busiest year since '95,' said Michael Hotra, who handles legislative efforts for the American Tort Reform Association (ATRA) in Washington, D.C. It was his group that put Mississippi on a list of 10 'tort hellholes.' Others included jurisdictions in California, Texas, Illinois and Missouri. Hotra expects Missouri, Georgia and South Carolina to consider packages to reduce venues, strengthen proof standards and restrict civil damages. Ohio has limited medical malpractice awards to $1 million for pain and suffering. Additional action is expected there. Similar steps are expected in Florida, Nevada, Pennsylvania, and in West Virginia, where doctors on Jan. 13 marched on the state capital, blaming lawsuits for increases in malpractice insurance costs. Under pressure from the doctors, Gov. Bob Wise proposed damage caps. Texas is expected to study curtailing tactics to collect asbestos damages from the users of the product instead of the bankrupt manufacturers. Several legislatures will consider curbs on medical monitoring for future damages. Even the presidency has become involved: President George W. Bush, on Jan. 14 and again in his Jan. 28 State of the Union address, urged Congress to cap damages in medical malpractice suits.
Mississippi a Target?
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