Congressional Republicans are unrestrained hypocrits and ardent agents of America being a money-centered society over a people-centered society. The lure of big money trumps (pun intended) their lip service philosophy of limiting big government to empower the people.
H.R. 5, the so-called Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act of 2011, is a terrible bill and is as anti-consumer and anti-victim as it gets. This bill would severely limit the ability of injured patients and their families to hold health care and medical products providers accountable. It would also limit remedies against for-profit nursing homes, insurance and pharmaceutical industries, manufacturers of medical devices, and even against doctors who commit intentional torts, such as sexual abuse.
To accomplish all of this, the federal law would preempt laws on the books in every state addressing the same issues.
So much for states’ rights.
The lowlights:
- Caps on economic and non-economic damages. The bill limits non-economic damages to $250,000 in the aggregate, regardless of the number of parties against whom the action is brought. This cap is more restrictive than any state cap currently in place. Non-economic damages compensate individuals for injuries such as loss of a limb or sight, loss of fertility, excruciating pain, and permanent and severe disfigurement.
- Reduced statute of limitations.
- Severe restrictions on punitive damages.
- Pharmaceutical companies are immune to punitive damages.
- Medical products and medical provider suits must be brought separately. Instead of having all of the parites present and allowing the jury to evaluate the evidence, this provision will allow the Defendant to blame another Defendant who is not a party to the case.
- Allowing all future damages over $50,000 to be paid periodically. This provision will prevent victims from receiving in a lump sum the money awarded by a jury after hearing the evidence. It allows insurance companies and large corporations to reap the interest benefits of a victim’s jury award.
- Not surprisingly, H.R. 5 will not limit any defenses available to Defendants under state law.
If passed, H.R. 5 would be very bad for the American people. The powerful special interests are pulling out all stops in their efforts to pass it.
Here is an example of Republican federal legislation that is harming the American people: Supreme Court of Florida Gives Free Ride to Car Rental Agencies
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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.
Contact us at 866-785-GALE or by email to learn your rights.