House Committee Passes Medical Liability Lawsuit Cap

The bill was originally introduced several weeks ago by Rep. Phil Gingrey, R-Ga., and is co-sponsored by Rep. David Scott, D-Ga., and Rep. Lamar Smith, R-Texas, who is chairman of the committee.

Rep. Smith said during the markup that some members are working on an amendment to the bill that would empower states' rights. The amendment would be made on the House floor.

But Rep. Mel Watt, D-N.C., voiced concern, saying the committee should consider the amendment first.

Rep. Smith said after the vote that the legislation is a "top 10 priority" for the House leadership. He also said he expects to see the bill considered in the near future, possibly "in the next few weeks."

The legislation imposes a $250,000 cap on subjective, noneconomic damages; a collateral source rule reform allowing evidence of outside payments to be made in court; a ban on subrogation by collateral sources; a fee schedule for attorney contingency fees;   and periodic payments of future damages.

Rep. Ted Poe, R-Texas, a member of the Tea Party Caucus, and Rep. Louie Gohmert, R-Texas, both left the room before a vote on two amendments sponsored by Rep. Hank Johnson, D-Ga., that would have deleted two provisions of the measure that would preempt state medical malpractice laws or constitutional provisions. Those amendments failed.

Last week, when the markup was delayed after questions were raised about the states' rights issue, Rep. Poe, a former state Felony Court judge, also said he may vote against the legislation if it imposes caps on states that don't want them. "I think it's a violation of the 10th Amendment," he said.

He was joined by Rep. Johnson and Rep. Watt, both of whom also challenged the bill's ability to preempt state medical liability laws.