The biggest news over these past two legislative days had to be the death of HB 200 on the House Floor. HB 200 would have allowed for the failure to wear a seatbelt to be admissible in civil cases. Together, GTLA and the Georgia Chamber of Commerce worked to hammer out a compromise that both parties could support.
The bill was introduced from the well and questions were answered. Representatives began to question why a victim in a car accident would be revictimized in a court of law. Momentum began to build against the bill.
The Speaker of the House called for the vote and the bill failed 15-143.
SB 108, the Victim Pays provision of the Governor's Tort Reform Package passed the Senate Special Judiciary Committee as well. The orgiginal language was replaced with the language found in HB 414. SB 108 no longer contains the Victim Pays provision, but it does allow for a Stay of Discovery.
Showing posts with label 2009 Session. Show all posts
Showing posts with label 2009 Session. Show all posts
Wednesday, March 4, 2009
Thursday, February 19, 2009
Report: FDA lack of enforcement of testing standards "stunning in its contempt" for patients
According to a report released February 18 by the non-profit Project on Government Oversight, the recent failure of the Food and Drug Administration to enforce federally-mandated safety and quality standards with regard to medical devices places patients' lives in danger and raises “incalculable risks” to public safety. News of this report appears in Wednesday's Wall Street Journal (subscription required for full article) and was also reported by the Associated Press.
In particular, the report noted a dramatic decline in FDA inspections of plants producing medical devices such as coronary stents, pacemakers, defibrillators, and heart valves. According to the report, there were 33 such inspections in 2005, 7 in 2007, and just 1 in 2008. Without inspections, the FDA relies on manufacturers' assurances that they are following federal guidelines, which provides manufacturers significant protection from disciplinary action by the FDA as well as from prosecution. The FDA's lack of action is “stunning in its contempt for the protection of patients," the report concludes.
A 2006 internal FDA memo pointed out multiple instances in which medical device manufacturers had failed to comply with federal testing standards, and suggested increased governmental oversight. However, the FDA elected at that point not to increase its inspections of the production of those devices. "This decision . . . may result in an irreversible cascade of adverse consequences to the protection of the public," according to a letter submitted to Congress by the Society of Quality Assurance.
The FDA's lack of oversight of the medical industry is especially troublesome given the latest attempt by the Georgia legislature to provide blanket immunity from liability to the pharmaceutical industry in certain circumstances where a product has received FDA approval. In addition to this most recent report, the FDA's failure to fulfill its mandate to protect the public has been well documented.
Contributed by John D. Hadden
Turkheimer & Hadden, LLC
In particular, the report noted a dramatic decline in FDA inspections of plants producing medical devices such as coronary stents, pacemakers, defibrillators, and heart valves. According to the report, there were 33 such inspections in 2005, 7 in 2007, and just 1 in 2008. Without inspections, the FDA relies on manufacturers' assurances that they are following federal guidelines, which provides manufacturers significant protection from disciplinary action by the FDA as well as from prosecution. The FDA's lack of action is “stunning in its contempt for the protection of patients," the report concludes.
A 2006 internal FDA memo pointed out multiple instances in which medical device manufacturers had failed to comply with federal testing standards, and suggested increased governmental oversight. However, the FDA elected at that point not to increase its inspections of the production of those devices. "This decision . . . may result in an irreversible cascade of adverse consequences to the protection of the public," according to a letter submitted to Congress by the Society of Quality Assurance.
The FDA's lack of oversight of the medical industry is especially troublesome given the latest attempt by the Georgia legislature to provide blanket immunity from liability to the pharmaceutical industry in certain circumstances where a product has received FDA approval. In addition to this most recent report, the FDA's failure to fulfill its mandate to protect the public has been well documented.
Contributed by John D. Hadden
Turkheimer & Hadden, LLC
Friday, February 13, 2009
Legislative Days 17 and 18
Newspaper articles and blogs around the nation are starting to take interest in the Governor's tort deform legislation, SB 101 and SB 108. There is a great post on The PopTart examining this legislative effort and what happened in Michigan, the only state to pass a similar bill to SB 101. The bill didn't bring jobs to Michigan-- and it didn't stop jobs from leaving the state either. All it did was bar a citizen in Michigan who was injured or killed by a pharmaceutical company from seeking justice in a fair court of law.
On Thursday, the Senate Health and Human Services Committee heard testimony and voted on SB 133, an expansion of the Georgia Health Share Volunteers in Medicine Act. This bill would allow nurses, doctors, dentists, etc. to all receive payment in a health clinic and still be immune from liability as long as the patients are poor and receive the care for free.
I understand wanting to reward medical professionals for working in a safety-net clinic. In fact, the GTLA team came up with many ways to reward such a professional. But the committee didn't seem interested in alternatives.
In order to reward a doctor, why must we punish the patient?
Fundamentally, it just seems wrong. Stripping people just above the federal poverty of the Constitutional Rights is unjust.
We will be back in session next Tuesday for Day 19...
On Thursday, the Senate Health and Human Services Committee heard testimony and voted on SB 133, an expansion of the Georgia Health Share Volunteers in Medicine Act. This bill would allow nurses, doctors, dentists, etc. to all receive payment in a health clinic and still be immune from liability as long as the patients are poor and receive the care for free.
I understand wanting to reward medical professionals for working in a safety-net clinic. In fact, the GTLA team came up with many ways to reward such a professional. But the committee didn't seem interested in alternatives.
In order to reward a doctor, why must we punish the patient?
Fundamentally, it just seems wrong. Stripping people just above the federal poverty of the Constitutional Rights is unjust.
We will be back in session next Tuesday for Day 19...
Tuesday, February 10, 2009
Legislative Day 16 of the Georgia General Assembly
This week the legislature will only be in session Tuesday- Thursday. A resolution was passed today setting the schedule through Day 35. Day 35 will land on March 25. They will be in session for 3 days of the week until then. Mondays will be a big day for committee meetings and Fridays will primarily be budget days.
Day 36 will be in late June.
So much is dependent on the Federal Stimulus Bill. I suppose we all will be waiting to see what happens.
Day 36 will be in late June.
So much is dependent on the Federal Stimulus Bill. I suppose we all will be waiting to see what happens.
Friday, February 6, 2009
Legislative Days 14 and 15
Yesterday the Governor's so-called "tort reform" package made it into the Hopper. The press releases sent by GTLA are in the posts below.
Today, the bills were read for the first time and assigned to committee. Both pieces went to the Senate Special Judiciary Committee. The author, Senator Bill Cowsert and co-signer Senator Judson Hill are both on the committee. The Chairman of the Senate Special Judiciary Committee, Senator John Wiles, also signed the bill.
It wasn't until later today that the Governor released his press release regarding these bills. He still argues that these bills would be good for business.
Michigan, the only state to pass a bill like SB 101, did not reap business rewards. Not only did their bill fail to bring new business into the state, Michigan actually lost business and jobs.
Today, the bills were read for the first time and assigned to committee. Both pieces went to the Senate Special Judiciary Committee. The author, Senator Bill Cowsert and co-signer Senator Judson Hill are both on the committee. The Chairman of the Senate Special Judiciary Committee, Senator John Wiles, also signed the bill.
It wasn't until later today that the Governor released his press release regarding these bills. He still argues that these bills would be good for business.
Michigan, the only state to pass a bill like SB 101, did not reap business rewards. Not only did their bill fail to bring new business into the state, Michigan actually lost business and jobs.
Thursday, February 5, 2009
MEDIA RELEASE: Enacting ‘Victim Pays’ would be like taking away David’s Slingshot
SB 108 would allow intimidation and fear to rule our court of law
Atlanta, GA—SB 108, a component of Governor Perdue’s so-called “tort reform” package, seeks to enact a ‘Victim Pays’ provision in Georgia law. Current law dictates that each party in a lawsuit pays its own attorney fees unless specific authority is granted by statute or contract allowing for the assessment of those fees against the other party. This provision is known as the ‘American Rule.’ This uniquely American method distinguishes our Civil Justice System from that of much of Europe which still operates under ‘The English Rule.’
The American Civil Justice System was based on the premise that individuals and small businesses, regardless of their financial means, have the right to seek justice for wrongdoing in a court of law that views each party as completely equal. As our Civil Justice System has matured, the American Rule has been championed as a unique equalizer — it does not discourage a person of little-to-no means from pursuing a meritorious claim — whereas ‘Victim Pays’ acts as a deterrent to individuals harmed through no fault of their own by the negligence of others.
“Governor Perdue has used the term ‘Loser Pays’ to label this provision. Yet nothing could be further from the truth” said Fred Orr, President of the Georgia Trial Lawyers Association. “This provision only affects one party in the suit — the plaintiff. If a large corporate defendant loses a claim, they will never have to pay for the victim’s legal fees under this bill, despite how baseless their defenses were.”
“SB 108 as it is written will harm middle class Georgians and small businesses the most,” said Atlanta attorney Darren Penn. “The very rich can afford legal fees and poor plaintiffs, as a practical matter, will not have to pay either. But, your traditional ‘mom and pop’ businesses and regular middle class Georgians could be bankrupted by the steep fees corporate defense attorneys charge.”
Besides creating real fear and intimidation for Georgians who wish to file suit, SB 108 fails to do much else that isn’t already covered by Georgia law. Besides having sanctions against “frivolous” lawsuits in both state and federal courts already in place, our current ‘American Rule’ operates under a contingency fee system — a natural deterrent against claims with little-to-no merit. Under the contingency fee system, the plaintiff’s lawyer carefully reviews a potential case to decide if he or she will take the case. The attorney fronts the entire cost of pursuing the case out of his or her own pocket — receiving no payment from the client. Both the client and the attorney only get paid if they win in court. In the business world, such expenditures are called ‘research and development.” Just as no business is going to spend money researching and developing a product they know to be worthless, no wise attorney would risk their money and their practice by pursuing a “frivolous” claim in court. The personal financial risk would be too high. SB 108 does nothing to improve that situation and is not needed.
“SB 108 is a procedural “gotcha” that will discourage attempts to resolve technical deficiencies in legitimate claims and will encourage gamesmanship and manipulation of the legal system by corporate defendants, rather than facilitating appropriate resolution of disputes between parties,” stated Penn. “Enacting SB 108 is like taking away David’s slingshot. The party with more money, more power and more control will have the ability to scare David into not taking a shot at all, even when David has a righteous cause.”
###
Atlanta, GA—SB 108, a component of Governor Perdue’s so-called “tort reform” package, seeks to enact a ‘Victim Pays’ provision in Georgia law. Current law dictates that each party in a lawsuit pays its own attorney fees unless specific authority is granted by statute or contract allowing for the assessment of those fees against the other party. This provision is known as the ‘American Rule.’ This uniquely American method distinguishes our Civil Justice System from that of much of Europe which still operates under ‘The English Rule.’
The American Civil Justice System was based on the premise that individuals and small businesses, regardless of their financial means, have the right to seek justice for wrongdoing in a court of law that views each party as completely equal. As our Civil Justice System has matured, the American Rule has been championed as a unique equalizer — it does not discourage a person of little-to-no means from pursuing a meritorious claim — whereas ‘Victim Pays’ acts as a deterrent to individuals harmed through no fault of their own by the negligence of others.
“Governor Perdue has used the term ‘Loser Pays’ to label this provision. Yet nothing could be further from the truth” said Fred Orr, President of the Georgia Trial Lawyers Association. “This provision only affects one party in the suit — the plaintiff. If a large corporate defendant loses a claim, they will never have to pay for the victim’s legal fees under this bill, despite how baseless their defenses were.”
“SB 108 as it is written will harm middle class Georgians and small businesses the most,” said Atlanta attorney Darren Penn. “The very rich can afford legal fees and poor plaintiffs, as a practical matter, will not have to pay either. But, your traditional ‘mom and pop’ businesses and regular middle class Georgians could be bankrupted by the steep fees corporate defense attorneys charge.”
Besides creating real fear and intimidation for Georgians who wish to file suit, SB 108 fails to do much else that isn’t already covered by Georgia law. Besides having sanctions against “frivolous” lawsuits in both state and federal courts already in place, our current ‘American Rule’ operates under a contingency fee system — a natural deterrent against claims with little-to-no merit. Under the contingency fee system, the plaintiff’s lawyer carefully reviews a potential case to decide if he or she will take the case. The attorney fronts the entire cost of pursuing the case out of his or her own pocket — receiving no payment from the client. Both the client and the attorney only get paid if they win in court. In the business world, such expenditures are called ‘research and development.” Just as no business is going to spend money researching and developing a product they know to be worthless, no wise attorney would risk their money and their practice by pursuing a “frivolous” claim in court. The personal financial risk would be too high. SB 108 does nothing to improve that situation and is not needed.
“SB 108 is a procedural “gotcha” that will discourage attempts to resolve technical deficiencies in legitimate claims and will encourage gamesmanship and manipulation of the legal system by corporate defendants, rather than facilitating appropriate resolution of disputes between parties,” stated Penn. “Enacting SB 108 is like taking away David’s slingshot. The party with more money, more power and more control will have the ability to scare David into not taking a shot at all, even when David has a righteous cause.”
###
Wednesday, February 4, 2009
Day 13 of the Legislative Session
The Governor's so-called "tort reform" bills made it to the Senate Hopper today.
SB 101 provides complete immunity for pharmaceutical companies located within Georgia who manufacture drugs and medical devices-- even if the drugs and devices kill Georgia's citizens-- as long as those drugs and medical devices are approved by the FDA.
SB 108 would enact a Victim Pays provision in Georgia. It would require that a person, who was harmed through no fault of their own and then files suit to seek justice, pay the attorneys' fees of the defendant if the person's case were dismissed for any variety of reasons at the beginning of the process.
GTLA is opposed to both provisions.
SB 101 provides complete immunity for pharmaceutical companies located within Georgia who manufacture drugs and medical devices-- even if the drugs and devices kill Georgia's citizens-- as long as those drugs and medical devices are approved by the FDA.
SB 108 would enact a Victim Pays provision in Georgia. It would require that a person, who was harmed through no fault of their own and then files suit to seek justice, pay the attorneys' fees of the defendant if the person's case were dismissed for any variety of reasons at the beginning of the process.
GTLA is opposed to both provisions.
Tuesday, February 3, 2009
Days 11 and 12 of the Legislative Session
This week has certainly picked up speed. Committees are in full swing and there are several pieces of legislation being passed by both Chambers.
On Tuesday, Senator Don Thomas' SB 5, seatbelts in pick-up trucks, passed the Senate Judiciary Committee.
Also on Tuesday, the AJC printed a "Pro" and a "Con" guest column regarding the Governor's tort reform package. Interestingly, the Pro was not written by a person in Georgia, but rather the Director of the American Justice Partnership, Dan Pero, of Lansing Michigan.
So the Macon Telegraph printed a supporting piece written by someone in San Francisco. And the AJC has printed a supporting piece written by someone in Michigan.
It seems evident, at this point, that there are some national interests pushing the Governor's legislation.
GTLA's President, Fred Orr, responded to Mr. Pero's column with the following Letter to the Editor:
In a guest column printed on 2/3/09, Dan Pero, President of the American Justice Partnership (AJP), commends our Governor for proposing new ‘tort reform’ measures while he distorts the truth about the intention and effect of the legislation.
The AJP was created by the National Manufacturers Association (NMA) to enact tort reform at the state level. It’s a front group for big business and corporate greed. Mr. Pero doesn’t even live in Georgia, he lives in Michigan—a state that passed similar legislation in 1995 under Governor John Engler, who is now the President of NAM.
Mr. Pero fails to report that Michigan, after passing similar legislation, is facing a disastrous economic crisis. Also, he misrepresents the Georgia Trial Lawyers Association’s (GTLA) position. GTLA opposes the Governor’s so-called “tort reform” package because large corporations do not deserve special rights— period.
The citizens of Georgia know what’s best for Georgia. We don’t need some talking head in Michigan, a ‘tort reform’ front group, or a corrupted federal bureaucracy to tell us what to do. Let’s keep the rhetoric out of the debate and instead focus on what the Constitution provides for—a government that protects the rights of its people, not the financial interests of a few.
Fred Orr
President of the Georgia Trial Lawyers Association
On Tuesday, Senator Don Thomas' SB 5, seatbelts in pick-up trucks, passed the Senate Judiciary Committee.
Also on Tuesday, the AJC printed a "Pro" and a "Con" guest column regarding the Governor's tort reform package. Interestingly, the Pro was not written by a person in Georgia, but rather the Director of the American Justice Partnership, Dan Pero, of Lansing Michigan.
So the Macon Telegraph printed a supporting piece written by someone in San Francisco. And the AJC has printed a supporting piece written by someone in Michigan.
It seems evident, at this point, that there are some national interests pushing the Governor's legislation.
GTLA's President, Fred Orr, responded to Mr. Pero's column with the following Letter to the Editor:
In a guest column printed on 2/3/09, Dan Pero, President of the American Justice Partnership (AJP), commends our Governor for proposing new ‘tort reform’ measures while he distorts the truth about the intention and effect of the legislation.
The AJP was created by the National Manufacturers Association (NMA) to enact tort reform at the state level. It’s a front group for big business and corporate greed. Mr. Pero doesn’t even live in Georgia, he lives in Michigan—a state that passed similar legislation in 1995 under Governor John Engler, who is now the President of NAM.
Mr. Pero fails to report that Michigan, after passing similar legislation, is facing a disastrous economic crisis. Also, he misrepresents the Georgia Trial Lawyers Association’s (GTLA) position. GTLA opposes the Governor’s so-called “tort reform” package because large corporations do not deserve special rights— period.
The citizens of Georgia know what’s best for Georgia. We don’t need some talking head in Michigan, a ‘tort reform’ front group, or a corrupted federal bureaucracy to tell us what to do. Let’s keep the rhetoric out of the debate and instead focus on what the Constitution provides for—a government that protects the rights of its people, not the financial interests of a few.
Fred Orr
President of the Georgia Trial Lawyers Association
Saturday, January 31, 2009
Day 10 of the Legislative Session
As it was a Friday, the day went by quickly allowing all the legislators to get back home. It looks like we will be in all 5 days next week and then, rumor has it, we will only be in session 3 of the 5 days in the weeks to follow. Of course there will be many committee meetings on the off days.
SB 75, the Governor's Agritourism bill, was dropped today. GTLA has been heavily involved in this legislation over the past few years making sure that Georgia's families are safe when visiting such facilities. We look forward to working on this bill again this year.
SB 75, the Governor's Agritourism bill, was dropped today. GTLA has been heavily involved in this legislation over the past few years making sure that Georgia's families are safe when visiting such facilities. We look forward to working on this bill again this year.
Friday, January 30, 2009
Day 8 and 9 of the Legislative Session
(My apologies for missing a day of blogging... a furry member of my family had surgery and taking care of him kept me from getting on the computer...)
Wednesday and Thursday were pretty interesting under the Gold Dome. The word on everyone's tongue? PEANUTS.
Dangerous, deadly peanuts-- peanuts approved by the FDA.
Jim Galloway over at the AJC posted a great blog at the Political Insider.
In the post, Bill Clark, Director of Governmental Affairs for GTLA, asked, "If the FDA can't protect citizens and consumers from peanut butter, do we really want them to be the only line of defense for drugs and medical devices?"
The Governor's office stated the the "F" is much different than the "D" in the FDA-- and that comparing the two is like comparing apples and oranges.
Research suggests otherwise-- pages and pages of research. The controversy surrounding the FDA right now is all about the "D"-- not the "F." But I suppose we'll have that conversation when we actually get to see the bill.
Wednesday and Thursday were pretty interesting under the Gold Dome. The word on everyone's tongue? PEANUTS.
Dangerous, deadly peanuts-- peanuts approved by the FDA.
Jim Galloway over at the AJC posted a great blog at the Political Insider.
In the post, Bill Clark, Director of Governmental Affairs for GTLA, asked, "If the FDA can't protect citizens and consumers from peanut butter, do we really want them to be the only line of defense for drugs and medical devices?"
The Governor's office stated the the "F" is much different than the "D" in the FDA-- and that comparing the two is like comparing apples and oranges.
Research suggests otherwise-- pages and pages of research. The controversy surrounding the FDA right now is all about the "D"-- not the "F." But I suppose we'll have that conversation when we actually get to see the bill.
Tuesday, January 27, 2009
Day 7 of the Legislature
The buzz at the Capitol today revolved around some big political announcements.
Peach Pundit was the first place that I saw Representative Austin Scott's (R) official decision to run for Governor in 2010. Now there are four Republicans in that field. Peach Pundit also printed that Representative Mike Coan (R) may be running for Insurance Commissioner and Representative Jeff Lewis (R) may have his eye on Secretary of State.
In other news, Representative Jim Cole is now the Governor's Senior Floor Leader.
No 'tort reform' bills were dropped today... We continue to be vigilant.
Peach Pundit was the first place that I saw Representative Austin Scott's (R) official decision to run for Governor in 2010. Now there are four Republicans in that field. Peach Pundit also printed that Representative Mike Coan (R) may be running for Insurance Commissioner and Representative Jeff Lewis (R) may have his eye on Secretary of State.
In other news, Representative Jim Cole is now the Governor's Senior Floor Leader.
No 'tort reform' bills were dropped today... We continue to be vigilant.
Monday, January 26, 2009
Day 6 of the Legislative Session
The legislature was out all last week for MLK Day, the Presidential Inauguration and budget hearings.
Today the House was in at 10:00 and the Senate came in at 1:00. Both Chambers were in and out fairly quickly. And neither Chamber had a member introduce the Governor's "tort reform" package.
While checking the boards for upcoming meetings, I saw that there will be a meeting on Wednesday morning at 8:00 in the House Agriculture and Consumer Affairs Committee on the Peanut Butter Recall. Tainted peanut butter is yet another example of the failure of the FDA.
A consumer watchdog group, the Center for Science in the Public Interest released the following statement: "This latest outbreak proves again that FDA is woefully inadequate to the task of protecting American consumers from unsafe food. It presently inspects low risk peanut butter plants rarely, or not at all, leaving the job to state inspection agencies.”
Today the House was in at 10:00 and the Senate came in at 1:00. Both Chambers were in and out fairly quickly. And neither Chamber had a member introduce the Governor's "tort reform" package.
While checking the boards for upcoming meetings, I saw that there will be a meeting on Wednesday morning at 8:00 in the House Agriculture and Consumer Affairs Committee on the Peanut Butter Recall. Tainted peanut butter is yet another example of the failure of the FDA.
A consumer watchdog group, the Center for Science in the Public Interest released the following statement: "This latest outbreak proves again that FDA is woefully inadequate to the task of protecting American consumers from unsafe food. It presently inspects low risk peanut butter plants rarely, or not at all, leaving the job to state inspection agencies.”
Sunday, January 25, 2009
Meeting a product standard isn't enough-- a Letter to the Editor in the AJC
Government regulations provide no assurance that any product is truly safe. The Titanic carried lifeboats with a capacity of less than half those on board, yet it satisfied all government safety regulations at the time. Gov. Sonny Perdue and the AJC's Jim Wooten ("Limiting lawsuits, college access, bike theft," @issue, Jan. 16) want to insulate companies from responsibility for injuries their products cause if the products meet government standards.
Why do supposed conservatives such as Wooten and Perdue suspend their normal suspicion of all things governmental and ignore their mantra of self-responsibility by allowing government to insulate a manufacturer of a harmful product from responsibility? They say it will attract business, but no business I want. "Come to Georgia: You can hurt our citizens and they won't be able to do anything about it" is hardly the slogan we should use to attract anyone.
Tom Stubbs
Stubbs is a Decatur attorney.
Why do supposed conservatives such as Wooten and Perdue suspend their normal suspicion of all things governmental and ignore their mantra of self-responsibility by allowing government to insulate a manufacturer of a harmful product from responsibility? They say it will attract business, but no business I want. "Come to Georgia: You can hurt our citizens and they won't be able to do anything about it" is hardly the slogan we should use to attract anyone.
Tom Stubbs
Stubbs is a Decatur attorney.
National corporations attempt to influence Georgia public policy
Last Thursday,The Macon Telegraph published a Letter to the Editor by Lawrence J. McQuillan, the Director of the Pacific Research Institute (PRI) in San Francisco, commending the Governor for introducing so-called "tort reform" and for proposing complete immunity for pharmaceutical corporations.
It's no surprise that PRI is a private organization funded by large pharmaceutical corporations, big tobacco and oil companies... Of course they want immunity. Immunity would allow them to be negligent and get away with it. It's like a "Get Out of Jail Free" card for the real world.
PRI is responsible for one of the more bogus annual reports concerning the Civil Justice System-- The U.S. Tort Liability Index. Each year they rank states according to their tort laws and their tort costs. To the PRI, high tort costs equate with an unhealthy business climate. In 2008 the PRI ranked Georgia 27th in the nation for tort costs. A couple of months later, CNBC in its America's Top Business Report ranked Georgia as 8th in the nation. Shortly thereafter, Forbes Magazine ranked Georgia the third best state in the nation for developing new biomass industry. Why would CNBC and Forbes give Georgia such great rankings if we really had an unhealthy business climate like the PRI stated?
PRI reached such a skewed ranking of our state because of the completely inaccurate methods they use to research. In July of 2008, AAJ released a report debunking PRI's research and research methodology. The report cites an analysis by three leading academics that the PRI's "tort tax" claims are "without scientific merit and present a very misleading picture of the American tort system and its costs." According to the analysis, “Not one of the numbers included in the table of tort costs in the report comes from a ‘prestigious academic publication’ or was subject to peer review by independent experts.” In fact, the PRI cites themselves or the American Tort Reform Association (ATRA) no less than 34 times in the footnotes.
Even if one were to take the report seriously, one would only have to look at Georgia's ranking to see that "tort reform" doesn't work. PRI ranks Georgia 27th in the nation for tort costs. Yet Georgia is ranked 4th in the nation for the best tort laws. Wouldn't conventional wisdom say that such great "tort laws" would lower the overall "tort costs?"
But they don't.
So-called "tort reform," like Governor Perdue is proposing, does nothing to lower costs-- just like it won't do a thing to create jobs. The PRI, and other "tort reform" organizations like to make these claims to provide a palatable reason for the general public while the corporations who fund them can lobby for legislation allowing them to allude accountability for wrongdoing in a fair court of law.
So while I may have been a bit surprised to see a Letter to the Editor in the Macon Telegraph from San Francisco (because honestly, how often do Georgia papers print letters from readers in San Francisco?), I am not surprised that the PRI is involved in this latest scheme to get Georgia to pass more "tort reform."
In fact, I would bet that there is more to come. I'll be on the look-out for more of these national, special interest organizations, like the PRI, to pop up here in Georgia. If history is any indication, they will all be working together to present a hefty PR campaign in this state to support the Governor's new "tort reform" package. GTLA will be vigilant in uncovering where their information comes from.
It's no surprise that PRI is a private organization funded by large pharmaceutical corporations, big tobacco and oil companies... Of course they want immunity. Immunity would allow them to be negligent and get away with it. It's like a "Get Out of Jail Free" card for the real world.
PRI is responsible for one of the more bogus annual reports concerning the Civil Justice System-- The U.S. Tort Liability Index. Each year they rank states according to their tort laws and their tort costs. To the PRI, high tort costs equate with an unhealthy business climate. In 2008 the PRI ranked Georgia 27th in the nation for tort costs. A couple of months later, CNBC in its America's Top Business Report ranked Georgia as 8th in the nation. Shortly thereafter, Forbes Magazine ranked Georgia the third best state in the nation for developing new biomass industry. Why would CNBC and Forbes give Georgia such great rankings if we really had an unhealthy business climate like the PRI stated?
PRI reached such a skewed ranking of our state because of the completely inaccurate methods they use to research. In July of 2008, AAJ released a report debunking PRI's research and research methodology. The report cites an analysis by three leading academics that the PRI's "tort tax" claims are "without scientific merit and present a very misleading picture of the American tort system and its costs." According to the analysis, “Not one of the numbers included in the table of tort costs in the report comes from a ‘prestigious academic publication’ or was subject to peer review by independent experts.” In fact, the PRI cites themselves or the American Tort Reform Association (ATRA) no less than 34 times in the footnotes.
Even if one were to take the report seriously, one would only have to look at Georgia's ranking to see that "tort reform" doesn't work. PRI ranks Georgia 27th in the nation for tort costs. Yet Georgia is ranked 4th in the nation for the best tort laws. Wouldn't conventional wisdom say that such great "tort laws" would lower the overall "tort costs?"
But they don't.
So-called "tort reform," like Governor Perdue is proposing, does nothing to lower costs-- just like it won't do a thing to create jobs. The PRI, and other "tort reform" organizations like to make these claims to provide a palatable reason for the general public while the corporations who fund them can lobby for legislation allowing them to allude accountability for wrongdoing in a fair court of law.
So while I may have been a bit surprised to see a Letter to the Editor in the Macon Telegraph from San Francisco (because honestly, how often do Georgia papers print letters from readers in San Francisco?), I am not surprised that the PRI is involved in this latest scheme to get Georgia to pass more "tort reform."
In fact, I would bet that there is more to come. I'll be on the look-out for more of these national, special interest organizations, like the PRI, to pop up here in Georgia. If history is any indication, they will all be working together to present a hefty PR campaign in this state to support the Governor's new "tort reform" package. GTLA will be vigilant in uncovering where their information comes from.
Friday, January 16, 2009
Day 5 of the Legislative Session
Friday, Day 5 of the Georgia General Assembly was rather short as legislators got ready to head back to their districts for the long weekend. Democratic Representative Rick Crawford from Cedartown was added to the House Judiciary Committee. And the legislature began preparing for an arduous week working on the budget.
The Legislature will not be in session next week as Monday is MLK Day, Tuesday is the Inauguration and the rest of the week will be filled with budget meetings.
Thursday, January 15, 2009
Day 4 of the Legislative Session
The big news today was that the House finalized who sits on what committee. Representative David Ralston no longer chairs the House Non-Civil Judiciary Committee and is now the Vice-Chairman of the Judiciary Committee. The Governor's floor leader, Rich Golick is now the Chair of the Non-Civil Judiciary Committee. Representative Mark Hatfield is the committee's Vice Chair.
New to the Judiciary Committee: Doug McKillip, Tom Weldon, Stephan Allison, Elly Dobbs and Jay Powell.
GTLA continues to speak to the press and to legislators about the Governor's "tort reform" proposals. Rather serendipitously, today the New York Times had an article reporting that the Government Accountability Office has criticized the FDA for failing to test medical devices before their approval. This research illustrates just another reason why Georgia should not count on a federal bureaucracy to keep its citizens safe.
Tomorrow should be a fairly short day, and then the legislature will not be in session until January 26th. Next week, Georgia's Senators and Representatives will be in appropriations committee meetings, attempting to solve the state's budget crisis. GTLA will continue to keep you posted.
New to the Judiciary Committee: Doug McKillip, Tom Weldon, Stephan Allison, Elly Dobbs and Jay Powell.
GTLA continues to speak to the press and to legislators about the Governor's "tort reform" proposals. Rather serendipitously, today the New York Times had an article reporting that the Government Accountability Office has criticized the FDA for failing to test medical devices before their approval. This research illustrates just another reason why Georgia should not count on a federal bureaucracy to keep its citizens safe.
Tomorrow should be a fairly short day, and then the legislature will not be in session until January 26th. Next week, Georgia's Senators and Representatives will be in appropriations committee meetings, attempting to solve the state's budget crisis. GTLA will continue to keep you posted.
Wednesday, January 14, 2009
Day 3 of the Legislative Session
The Senate and the House were in for just a short while before the Governor delivered his "State of the State" address this morning. Interestingly, Governor Perdue made no mention of the so-called "tort-reform" measures that he touted at yesterday's Eggs and Issues breakfast.
The talk in the halls indicate the bills will be dropped by the 6th day of session. GTLA has continued to discuss these issues with legislators and the press. Today's editorial in the AJC by Maureen Downey, "Drugmaker immunity is a poison pill,"does an incredible job of illustrating the dangers of giving blanket immunity to pharmaceutical and medical device manufacturers. Her arguments against such proposed legislation are accurate and compelling.
Tomorrow several committees will hold meetings. While these are mostly for organizational purposes, we should be able to find out who on is on what subcommittee. And we should know the Speaker's decision about who will sit on what committee.
The talk in the halls indicate the bills will be dropped by the 6th day of session. GTLA has continued to discuss these issues with legislators and the press. Today's editorial in the AJC by Maureen Downey, "Drugmaker immunity is a poison pill,"does an incredible job of illustrating the dangers of giving blanket immunity to pharmaceutical and medical device manufacturers. Her arguments against such proposed legislation are accurate and compelling.
Tomorrow several committees will hold meetings. While these are mostly for organizational purposes, we should be able to find out who on is on what subcommittee. And we should know the Speaker's decision about who will sit on what committee.
Tuesday, January 13, 2009
Day 2 of the Legislative Session
In comparison with Day 1, Day 2 was decidedly eventful.
This morning at the Eggs and Issues Breakfast Governor Perdue called for more sweeping 'tort reform' measures in Georgia including,complete immunity from lawsuits for any Georgia corporation manufacturing medical devices or pharmaceuticals if the products have been approved by the FDA, a loser-pays provision requiring that the losing side in a civil suit pay the legal fees of the winning side if the case is dismissed "at the earliest possible stage," and testing the legal merits of a case before the process of discovery begins.
We could offer significantly more information on these bills had we been given notice that they were part of his agenda or if we could see the drafts.
Andy Peters over at the Fulton County Daily Report dug around and has some additional information available in his article online.
With the economy a mess, a budget shortfall and serious issues facing our state, why would Governor Perdue decide-- when folks are already facing hard times-- to eradicate citizens' Constitutional Rights?
Corporate immunity is not the answer to a flailing economy. The very idea of completely immunizing an industry basically erases any incentive for that industry to manufacture safe products-- because they no longer are accountable for negligence.
We are preparing our talking points and media plan now-- and we will post what we can when we are able to. Andy Peter's article indicated that the bills would be filed this week or by the 26th of January at the latest...
There will be more to come on this...
This morning at the Eggs and Issues Breakfast Governor Perdue called for more sweeping 'tort reform' measures in Georgia including,complete immunity from lawsuits for any Georgia corporation manufacturing medical devices or pharmaceuticals if the products have been approved by the FDA, a loser-pays provision requiring that the losing side in a civil suit pay the legal fees of the winning side if the case is dismissed "at the earliest possible stage," and testing the legal merits of a case before the process of discovery begins.
We could offer significantly more information on these bills had we been given notice that they were part of his agenda or if we could see the drafts.
Andy Peters over at the Fulton County Daily Report dug around and has some additional information available in his article online.
With the economy a mess, a budget shortfall and serious issues facing our state, why would Governor Perdue decide-- when folks are already facing hard times-- to eradicate citizens' Constitutional Rights?
Corporate immunity is not the answer to a flailing economy. The very idea of completely immunizing an industry basically erases any incentive for that industry to manufacture safe products-- because they no longer are accountable for negligence.
We are preparing our talking points and media plan now-- and we will post what we can when we are able to. Andy Peter's article indicated that the bills would be filed this week or by the 26th of January at the latest...
There will be more to come on this...
Monday, January 12, 2009
Day 1 of the Legislative Session
The first day of the legislative session was relatively brief in duration and decidedly uneventful. The Democrats in the House, having decided against putting up their own candidate for Speaker, joined the Republicans and declared Glenn Richardson the Speaker of the House by acclamation. Facing a significant budget short-fall, the Democrats joined the Republicans to show their commitment to putting the welfare of Georgians over partisan politics.
The halls were abuzz with the formal announcement by Secretary of State Karen Handel's bid for the Governor's mansion in 2010. The Political Insider reports today that past State Senator, Brian Kemp of Athens will make a bid for the vacated Secretary of State seat.
For information on various bills and legislators, please visit the Georgia General Assembly online HERE.
NOTE: Every day that the General Assembly is in session, GTLA will post on this blog. In addition to covering all the Capitol happenings related to the Civil Justice System, GTLA will blog about general business under the Gold Dome.
The halls were abuzz with the formal announcement by Secretary of State Karen Handel's bid for the Governor's mansion in 2010. The Political Insider reports today that past State Senator, Brian Kemp of Athens will make a bid for the vacated Secretary of State seat.
For information on various bills and legislators, please visit the Georgia General Assembly online HERE.
NOTE: Every day that the General Assembly is in session, GTLA will post on this blog. In addition to covering all the Capitol happenings related to the Civil Justice System, GTLA will blog about general business under the Gold Dome.
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