Sunday, December 29, 2002

States' Rights! States' Rights! States' Rights!


Republicans, backed by many corporate executives, are making significant if little-noticed progress in their campaign to strike back at trial lawyers and shield U.S. companies from multimillion-dollar liability lawsuits. Now that the GOP controls both chambers of Congress, they plan deeper pushes in the months ahead.

President Bush and his congressional allies in the past two years have written into federal law new limits on the public's ability to sue airplane manufacturers, drug makers, builders of anti-terrorism devices and teachers for alleged misconduct or gross negligence. Republicans inserted many of the legal protections into legislation during last-minute negotiations with little fanfare or debate. ...

... When the GOP-controlled Congress convenes next month, Republicans plan to build on their success by pushing new federal protections for physicians, managed care firms, asbestos manufacturers, small businesses and major corporations hit with class-action suits, according to party officials. Most of the industries seeking legal protections are major GOP donors. ...

... congressional Republicans early next year will push for legislation proposed by the president that would dramatically limit the liability of physicians sued for medical malpractice. Under the plan, aggrieved patients could seek no more than $250,000 for pain and suffering, even if their state's law permitted a much higher award. There would be no federal limits on compensation for economic damages, such as lost wages and medical costs.