Representatives of the insurance industry, the medical community and other businesses voiced strong support today for an announcement by the Senate Republican Conference of a legislative agenda to reform the civil litigation process.

Among the issues Republicans are seeking to address are the asbestos litigation reform bill, medical malpractice lawsuit reform, and frivolous lawsuits against restaurants and food distributors.

The press conference was attended by the SRC chairman, Sen. Rick Santorum, R-Penn., as well as Sens. John Cornyn, R-Texas, and Arlen Specter, R-Penn., who chairs the Judiciary Committee.

Bruce Josten, executive vice president of the U.S. Chamber of Commerce, said the group commended the Senate Republican Conference for its "aggressive" stance on the tort issues. "The reforms that they are calling for will go a long way toward reining in our nation's runaway legal system," he said.

Among the measures being supported by the conference is S. 908, which would effectively bar lawsuits against the manufacturer, distributor or seller of a food or non-alcoholic beverage product for injuries relating to an individual's weight gain, obesity or related health condition.

"The food industry is the latest target of 'regulation by litigation' lawsuits. The suits are aimed at fast food distributors and restaurants with claims that the food served 'caused' certain individuals to become overweight or obese," noted Melissa Shelk, vice president of federal affairs for the American Insurance Association. "S. 908 is a measured response to these suits."

The medical malpractice tort reform issue will also be a part of the Republican agenda, although several prior efforts have been effectively killed after failing to garner enough votes to prevent a filibuster on the Senate floor.

Proposed medical malpractice litigation reforms, including a cap on non-economic "pain and suffering" awards, have been consistently supported by insurers and, more publicly, by physicians.

"We thank the Senate Leadership for reaffirming their commitment to ensure access to care for all Americans by addressing this escalating problem," said Stuart L. Weinstein, MD, president of the American Association of Orthopaedic Surgeons (AAOS) and chairman of Doctors for Medical Liability Reform.

Dr. Weinstein said, "Not only do we fully support the Senate's efforts regarding the need for medical liability reform, but we are also committed to working with them to find a solution to this problem."

According to the AAOS, 55 percent of orthopedic surgeons now avoid at least some procedures; 39 percent no longer perform spine surgery; and six percent have eliminated all surgery. Such precautions have been made by other high risk specialty physicians, the group noted, putting two-thirds of emergency rooms in the U.S. at risk because of lack of availability of on-call specialty coverage.

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GOP Med-Mal Reform Agenda Gets Insurers Support

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