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Giuliani Campaign Press Release - Just the Facts #5: Fred Thompson's Long History of Opposing Tort Reform

October 09, 2007


THOMPSON'S OPPOSITION TO TORT REFORM KEEPS HEALTH CARE COSTS RISING

Medical Malpractice Suits Drive Up Doctors' Costs, And This Cost Is Passed On To Consumer In Higher Health Care Costs. "Today, many … doctors are afraid to practice medicine, or have begun to practice 'defensive medicine' to protect themselves against potential lawsuits. This fear factor alone has become an expected cost of doing business – a cost that is driving up medical malpractice premiums and what doctors charge for procedures. In the end, patients and consumers lose in the form of higher health-care costs and less access to care." (Slade O'Brien, "What 'Sicko' Says About Us: Movie Misses The Main Point By Ignoring Abusive Lawsuits," Tallahassee [FL] Democrat, 7/25/07)

Medical Malpractice Suits Also Drive Doctors Out Of Practice. "In state civil justice systems that lack reasonable limits on liability, multi-million dollar jury awards and settlements in medical liability cases have forced many insurance companies to either leave the market or substantially raise costs. Increasingly, physicians in these states are choosing to stop practicing medicine, abandon high-risk parts of their practices, or move their practices to other states." (American Tort Reform Association Website, www.atra.org/issues/index.php?issue=7338, Accessed 9/19/07)

AS A SENATOR, THOMPSON VOTED AGAINST CAPPING

NON-ECONOMIC AND PUNITIVE DAMAGES IN MEDICAL MALPRACTICE CASES

Thompson Voted To Kill Measure That Would Cap Non-Economic Damages In Medical Malpractice Suits. "Rockefeller, D-W.Va., motion to table (kill) the Kyl, R-Ariz., amendment to the McConnell, R-Ky., amendment to limit non-economic damages for pain and suffering in medical malpractice suits to $500,000." (H.R. 956, CQ Vote #141: Motion agreed to 56-44: R 13-41; D 43-3; I 0-0, 5/2/95, Thompson Voted Yea)

Thompson Opposed $250,000 Cap On Punitive Damages. "Thompson, who practiced law more than 20 years before his election in November, said he did not like the proposed punitive damage limit of three times the economic damages or $250,000, whichever is greater. 'Whether we can change it enough for me to support, I don't know,' Thompson said. He said earlier that he wants to be sure average people have access to the courts and can win awards to which they are entitled." (Richard Powelson, "Thompson, Frist Split On Liability Cap," Knoxville News-Sentinel, 5/2/95)

Thompson Voted Against Passage Of Amendment That Would Limit Punitive Damages In Medical Malpractice Cases. "McConnell, R-Ky., amendment, as amended by the Snowe, R-Maine, amendment, to limit punitive damages to two times the sum of economic and non-economic awards, rather than the three times economic losses or $250,000, whichever is greater, originally contained in the McConnell amendment." (H.R. 956, CQ Vote #144: Adopted 53-47: R 48-6; D 5-41; I 0-0, 5/2/95, Thompson Voted Nay)

Thompson Voted Two Times Against Cloture On Legislation That Would Have Capped Punitive Damages On All Medical Malpractice And Product Liability Cases. (H.R. 956, CQ Vote #151: Motion rejected 46-53: R 44-10; D 2-43; I 0-0, 5/4/95, Thompson Voted Nay; H.R. 956, CQ Vote #152: Motion rejected 47-52: R 45-9; D 2-43; I 0-0, 5/4/95, Thompson Voted Nay)

Later Thompson Was The Only Senator To Join The Association Of Trial Lawyers Of America In Opposition To The Volunteer Protection Act. "Republican Fred Thompson (Tenn.), was the only one to oppose the bill … Also opposing the tort reform was the Association of Trial Lawyers of America which said volunteers should not be let off the hook if their actions injure others." (Jeanne Morris, "New Federal Law Protects Volunteers From Some Lawsuits," New Hampshire Sunday News, 6/29/97)

THOMPSON ALSO VOTED TO ALLOW STATES TO SET THEIR OWN STANDARDS FOR MEDICAL MALPRACTICE CASES UNDER GUISE OF FEDERALISM

Thompson "Questioned" Reforming Personal Injury Lawsuits On Grounds Of Federalism And Fairness. "Frist, the heart surgeon, is an ardent proponent of federal legislation to restrict the amount of punitive damages victims can receive from certain personal injury lawsuits – including suits against doctors for malpractice or against businesses for faulty products or bad service. … But Thompson, the trial lawyer and part-time actor, questions the need for federal legislation to overturn state law. He also questions the fairness of limiting punitive damage awards against a negligent manufacturer, business or doctor to $ 250,000. 'They (proponents) are going to have to prove their case,' said Thompson. 'It's not enough for people to call me up and say, "Fred, I'm your friend. I don't want to get sued," because we have got to have a system where the average person still has access to the courts, and that includes getting what they're entitled to.'" (James Brosnan, "Thompson, Frist Take Opposing Views On Legal Reform," The [Memphis] Commercial Appeal, 4/10/95)

Thompson Dismissed "Legitimate Complaints" From Businesses And Consumers In Favor Of States Rights. THOMPSON: "A lot of us understand the concern of our constituencies that businesses, and so forth, have legitimate complaints. A lot of us are also concerned about this rush to judgment, where the U.S. Congress and the Federal Government are on the verge of supplanting 200 years of State law, at a time when many of us are saying in other areas, whether it be welfare reform, regulatory reform, taxes, or unfunded mandates, we are all saying get the Government out of the States' business. States are where the innovation is going on. Let them take care of themselves. So we are all engaged in that conflict. Product liability has been discussed in the Chamber of this body for many years, long before I arrived. … I think there is a feeling that this is an area wherein there is more justification for our involvement on the Federal level because of the inherent interstate nature of the activities. Seventy percent of all manufactured goods now travel in interstate commerce." (Sen. Fred Thompson, Congressional Record, 5/3/95, pp. 6054-6055)

Thompson Voted In Support Of Allowing States To Adopt Their Own Standards For Medical Malpractice Cases Within Their State. "Gorton, R-Wash., motion to table (kill) the Simon, D-Ill., amendment to allow states to adopt their own standards for litigation within a state concerning medical malpractice cases." (H.R. 956, CQ Vote #142: Motion agreed to 51-49: R 45-9; D 6-40; I 0-0, 5/2/95, Thompson Voted Nay)

Thompson Voted Against Raising Standards In Medical Malpractice Cases Involving Child Delivery In Rural Areas Lacking OB-GYNs. (H.R. 956, CQ Vote #137: Motion rejected 39-61: R 10-44; D 29-17; I 0-0, 5/2/95, Thompson Voted Yea; U.S. Senate Republican Policy Committee, "Product Liability/Obstetric Liability Limit In Certain Cases," 5/2/95)

Rudy Giuliani, Giuliani Campaign Press Release - Just the Facts #5: Fred Thompson's Long History of Opposing Tort Reform Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/295458

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