Med Mal News

Former Med-Mal Attorney Produces Pro-Plaintiff Film

The new film “Hot Coffee,” which debuted on HBO in June, argues against damage caps, and is causing a stir among tort reform proponents and opponents. The film, by former Oregon medical malpractice attorney Susan Saladoff, makes the case that tort reform will help only big business, and put the little guy at an even greater disadvantage. In addition, it argues that when damages are limited by law, taxpayers ultimately must cover the costs of injuries that wrongdoers should have paid for.

The film's title refers to the infamous case of the woman who sued McDonald's when she was burned by the restaurant's coffee. Her story became both a joke and a rallying cry for those who believe the United States is too pro-plaintiff when it comes to personal injury claims. That woman, the film points out, was not merely a punch line; she was a real person who suffered third-degree burns requiring hospitalization and skin grafts, and she sued McDonald's only after it refused to compensate her for her medical expenses.

Tort reform advocates, not surprisingly, are not persuaded by the movie's viewpoint. Victor Schwartz, general counsel of the American Tort Reform Association, appeared in the film, a move he now regrets. He calls “Hot Coffee” the “most effective piece of propaganda” trial lawyers have ever produced. And Bryan Quigley, spokesman for the U.S. Chamber of Commerce, said in a statement, “In the midst of all the evidence, [the filmmakers] cling to the belief that America doesn't have too many lawsuits, [and] that we don't sue enough. They deny that the lawsuit industry is out of control, when the rest of the world knows that it is.”

“I wanted to change the conversation,” Saladoff said, explaining why she decided to make the film following her 25-year career as a plaintiff attorney. “The other side of this issue has monopolized the conversation because of the amount of money they have.”

Court Affirms Imposition of Damage Cap

West Virginia's Supreme Court recently upheld the validity of the State's damage cap legislation, disappointing a medical malpractice victim who objected to a trial judge's reduction of his $1.5 million non-economic damages jury award. The law limits damages in most West Virginia personal injury cases to $288,527, while the most egregious cases ' including those involving wrongful death ' warrant maximum non-economic damages of $577,054.

Former Med-Mal Attorney Produces Pro-Plaintiff Film

The new film “Hot Coffee,” which debuted on HBO in June, argues against damage caps, and is causing a stir among tort reform proponents and opponents. The film, by former Oregon medical malpractice attorney Susan Saladoff, makes the case that tort reform will help only big business, and put the little guy at an even greater disadvantage. In addition, it argues that when damages are limited by law, taxpayers ultimately must cover the costs of injuries that wrongdoers should have paid for.

The film's title refers to the infamous case of the woman who sued McDonald's when she was burned by the restaurant's coffee. Her story became both a joke and a rallying cry for those who believe the United States is too pro-plaintiff when it comes to personal injury claims. That woman, the film points out, was not merely a punch line; she was a real person who suffered third-degree burns requiring hospitalization and skin grafts, and she sued McDonald's only after it refused to compensate her for her medical expenses.

Tort reform advocates, not surprisingly, are not persuaded by the movie's viewpoint. Victor Schwartz, general counsel of the American Tort Reform Association, appeared in the film, a move he now regrets. He calls “Hot Coffee” the “most effective piece of propaganda” trial lawyers have ever produced. And Bryan Quigley, spokesman for the U.S. Chamber of Commerce, said in a statement, “In the midst of all the evidence, [the filmmakers] cling to the belief that America doesn't have too many lawsuits, [and] that we don't sue enough. They deny that the lawsuit industry is out of control, when the rest of the world knows that it is.”

“I wanted to change the conversation,” Saladoff said, explaining why she decided to make the film following her 25-year career as a plaintiff attorney. “The other side of this issue has monopolized the conversation because of the amount of money they have.”

Court Affirms Imposition of Damage Cap

West Virginia's Supreme Court recently upheld the validity of the State's damage cap legislation, disappointing a medical malpractice victim who objected to a trial judge's reduction of his $1.5 million non-economic damages jury award. The law limits damages in most West Virginia personal injury cases to $288,527, while the most egregious cases ' including those involving wrongful death ' warrant maximum non-economic damages of $577,054.