Capping damages

Medical Care Access Protection Act of 2006

hmoroz — Mon, 27 Jul 2009 15:04:26 -0400

Legislation

The middle class

Opposes

Video Summary

Injustice Facts

Estimated number of Americans killed each year by medical errors in hospitals: 44,000 to 98,000

Number of medication errors that occur every year in American hospitals: 1.5 million

Estimated number of elderly and disabled Americans who live in chronically deficient nursing homes where they are at risk of harm: 300,000

Percentage of doctors responsible for nearly 60 percent of malpractice claims: 5.9

Percentage of the nation’s total health care spending accounted for by malpractice lawsuits: 2

Number of hearings held for this bill and other medical malpractice legislation in the 109th Congress: 0

Overview/Summary

Middle Class Position Analysis

The Middle Class Opposes. The middle class endorses a “no” vote on the procedural issue and also opposes the substance of this bill. The Medical Care Access Protection Act tries to lower the runaway cost of health care by limiting the rights of patients and their families to seek legal recourse if they are killed or injured by medical negligence or malpractice. Unfortunately, the bill would do little to bring down costs – according to the non-partisan Congressional Budget Office, total malpractice costs account for less than 2 percent of the nation’s health care expenditures – but it would impede the ability of injured middle-class patients to retain a lawyer and receive just compensation for their injuries. Current and aspiring middle-class Americans deserve high quality medical care. Yet too often hospitals, health care providers, and nursing homes make preventable mistakes that harm patients’ health and well-being. According to the National Academy of Sciences Institute of Medicine, 44,000 and 98,000 Americans are killed and 300,000 are injured by medical errors in hospitals every year. Another IOM study found 1.5 million medication errors occur every year in American hospitals, adding $3.5 billion in medical costs to the medical system, and between $17 billion and $29 billion per year in total costs to society—including medical expenses, lost income, lost household productivity, and physical disability. By reducing the potential damages payable in lawsuits, this bill not only restricts the amount injured patients can recover when they are harmed by these errors, but also diminishes the incentives for hospitals and nursing homes not to cut corners on patient care and safety, resulting in worse medical care for all patients.

Quotes from Experts

Beyond this Bill

Additional Resources

“The Great Medical Malpractice Hoax,” from Public Citizen

“Claims, Errors, and Compensation Payments in Medical Malpractice Litigation,” David M. Studdart, et. al., The New England Journal of Medicine

“Civil Justice Presidential Platform: Medical Malpractice Reform,” from Kia Franklin at the Drum Major Institute for Public Policy

Consumer Product Safety Improvement Act of 2008

hmoroz — Fri, 01 Aug 2008 16:26:30 -0400

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Total units of recalled children’s products in 2007: 46,562,901

Percentage of these recalls that were for children’s products: 52

Percent increase in recalls through the end of June 2008 over fiscal year 2007: 22

Approximate number of children, ages 14 and under, who are treated at hospital emergency rooms for toy-related injuries in a given year: 121,500

Operating budget of the Consumer Product Safety Commission in 1974, the year the agency was created, expressed in today’s dolalrs: $125 million

Consumer Product Safety Commission operating budget in 2007: $62,370,000

Number of full-time employees at the CPSC in 1974, the year the commission was established: 786

Number of full-time employees at the CPSC in 2007: 420

Overview/Summary

Middle Class Position Analysis

The Middle Class Supports. The record-setting 448 product recalls last year made 2007 the year of the recall. Although the Consumer Product Safety Commission is responsible for protecting consumers from more than 15,000 types of consumer products, an anemic budget and staff shortages have increasingly put middle-class American consumers at risk. The Consumer Product Safety Improvement Act, a compromise version of bills passed by the House and Senate bills earlier in the year, responds vigorously to the dangers that middle-class consumers increasingly confront at the supermarket, at the toy store, and in their own homes. By providing the CPSC with additional funding through 2014, along with a mandate to increase its fulltime staff and a rule making committee meetings and rulemaking easier, the legislation helps to ensure that competent inspectors remain vigilant of consumer safety. Empowering state attorneys general to file suit when they believe that residents of a state have been adversely affected by a violation of a consumer product safety rule creates an additional layer of consumer protection. Independent third-party testing of children’s products prevents the insidious practice by which manufacturers would certify the safety of their own goods, while mandatory toy safety standards are a commonsense response to the recent explosion of toy recalls. A database of consumer complaints about dangerous products will both educate the public about potentially harmful goods and allow consumers to voice their concerns about such products. The ban on lead and phthalates in children’s products and the increase in the age level at which a product is considered to be intended for a child will benefit parents who would otherwise be unable to determine if a toy is safe. Whistleblower protections will ensure that vigilant industry employees do not fear job or compensation loss for reporting negligent manufacturing practices or poor oversight.

Quotes from Experts

Beyond this Bill

Additional Resources

Recalls and Product Safety News from the Consumer Product Safety Commission

“2007: The Year of the Recall”, from Kids in Danger

“Total Recall: The Need for CPSC Reform Now”

Consumer Product Safety Commission Reform Act of 2008

hmoroz — Fri, 07 Mar 2008 16:52:10 -0500

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Cost to the United States each year from deaths, injuries, and property damage from consumer product incidents: $700 billion

Appropriations for the Consumer Product Safety Commission in 1974, the year the agency was created, as adjusted for inflation:$125 million

Appropriations for the Consumer Product Safety Commission requested by President Bush for FY2008: $63 million

Number of full-time employees at the CPSC in 1974, the year the commission was established: 786

Number of full-time employees at the CPSC in 2007: 420

Number of children under the age of five who were treated in hospital emergency rooms for injuries associated with nursery products in 2005: 59,800

Number of toys recalled because of lead paint, tiny magnets, and other hazards in 2007: 25 million

Overview/Summary

Middle Class Position Analysis

The Middle Class Supports. The record-setting 473 product recalls last year made 2007 the year of the recall. Although the Consumer Product Safety Commission is responsible for protecting consumers from more than 15,000 types of consumer products, an anemic budget and staff shortages have increasingly put middle-class American consumers at risk. The Senate version of the Consumer Product Safety Modernization Act responds soundly to the dangers that consumers increasingly confront at the supermarket, at the toy store, and in their own homes. The provision limiting federal preemption of stronger state laws is critical to ensuring that consumers are as well protected as possible against dangerous products. By providing the CPSC with additional funding through 2015, along with resources to improve its testing facilities, the legislation helps to ensure that competent inspectors remain vigilant of consumer safety no matter who is president. Empowering state attorneys general to file suit when they believe that residents of a state have been adversely affected by a violation of a consumer product safety rule – instead of simply to enforce a CPSC rule, as provided in the House version of this bill – creates an additional layer of consumer protection. Independent third-party testing of children’s products prevents the insidious practice by which manufacturers would certify the safety of their own goods, while mandatory toy safety standards are a commonsense response to the recent explosion of toy recalls. A database of consumer complaints about dangerous products will both educate the public about potentially harmful goods and allow consumers to voice their concerns about such products. The ban on lead in children’s products and the increase in the age level at which a product is considered to be intended for a child will benefit parents who would otherwise be unable to determine if a toy is safe. Whistleblower protections will ensure that vigilant industry employees and public employees do not fear job or compensation loss for reporting negligent manufacturing practices or poor oversight.

Quotes from Experts

Beyond this Bill

Additional Resources

Rebuttal of Myths About Senate Product Safety Reform Bill, from the Consumer Federation

“Held Back: Unfinished Consumer Product Safety Commission Rules, Class of 2007,” from Public Citizen

Recalls and Product Safety News from the CPSC

Consumer Product Safety Modernization Act of 2007

hmoroz — Wed, 30 Jan 2008 16:25:44 -0500

Legislation

The middle class

Supports

Video Summary

Injustice Facts

Appropriations for the Consumer Product Safety Commission in 1974, the year the agency was created, as adjusted for inflation: $125 million

Appropriations for the Consumer Product Safety Commission requested by President Bush for FY2008: $63 million

Number of CPSC staff eliminated by the Bush administration’s FY2008 budget: 19

Number of Americans who are killed and injured annually by consumer products under the jurisdiction of the CPSC, respectively: 27,100, 33.1 million

Approximate number of hazardous toys recalled by Mattel Corp. on a single day in August 2007: 18.6 million

Percentage of lead in a charm removed from the digestive system of a Minnesota child who died from acute lead poisoning in 2006: 99

Overview/Summary

Middle Class Position Analysis

The Middle Class Supports. The millions of dangerous children’s toys recalled in 2007 illustrate how many middle-class families are at risk from the hazardous products widely available on store shelves. By strengthening the CPSC and increasing the resources of an agency that has historically enjoyed stronger financial support, the Consumer Product Safety Modernization Act begins to respond to the problem. The provision limiting federal preemption of stronger state laws is critical to ensuring that consumers are as well protected as possible against dangerous products.

By providing the CPSC with additional funding through 2011, along with resources to improve its testing facilities, the legislation helps to ensure that consumer products will be properly tested by competent inspectors. Only a fully funded and fully staffed CPSC has any chance of protecting consumers from the more than 15,000 product types that the agency now oversees. The ban on lead in children’s products and the increase in the age level at which a product is considered to be intended for a child will benefit parents who would otherwise be unable to determine if a toy is safe. Independent third-party testing of children’s products prohibits manufacturers from certifying the safety of their own goods, a devious practice that sacrificed consumer safety for easy compliance. By improving the chain of information flowing from manufacturers through the CPSC to consumers, the Consumer Product Safety Modernization Act helps to ensure that consumers are protected from hazardous goods, knowledgeable about the dangers associated with a product, and informed if a product is recalled.

Quotes from Experts

Beyond this Bill

Additional Resources

“The Consumer Product Safety Commission: What Congress Intended”, from the Consumer Federation of America

Recalls and Product Safety News from the CPSC

“Trouble in Toyland: The 22nd Annual Survey of Toy Safety”, from U.S.PIRG

Healthy Mothers And Healthy Babies Access To Care Act of 2004

atraub — Wed, 19 Sep 2007 14:51:38 -0400

Legislation

The middle class

Opposes

Video Summary

Injustice Facts

Percentage of the nation’s health care expenditures made up by medical malpractice premiums: 0.62%
Maximum non-economic damages payable under the provisions of this bill to a baby who will go through life completely paralyzed due to the actions of a negligent doctor: $250,000
Maximum punitive damages under the provisions of this bill imposed on a doctor who has similarly paralyzed seven other newborns through the same negligence: $250,000
Rank of “reducing jury awards in malpractice lawsuits” on the list of health care priorities for Congress and the President in 2005, according to a poll by the Kaiser Family Foundation and the Harvard School of Public Health: 11 out of 12
Number of times President Bush mentioned “junk” or “frivolous” lawsuits during a recent speech on health care policy: 10

Overview/Summary

Middle Class Position Analysis

The Middle Class Opposes: The middle class endorses a "nay" vote on the procedural question and opposes the substance of the bill. This bill, misnamed the Healthy Mothers and Healthy Babies Access to Care Act, places limits on the legal rights of pregnant women and their babies. When a baby is killed, maimed, or brain-damaged because of medical negligence or malpractice, no amount of money can truly make a family whole. Nevertheless, it is the non-economic damages (damages beyond compensation for medical bills and lost income) from a lawsuit that provide some compensation. This bill would have imposed a one-size-fits-all limit on these damages, no matter how devastating the malpractice. This hits the middle class particularly hard. High-income plaintiffs are awarded higher economic damages because they lose more money from being unable to work. Thus for low- and middle-income victims, non-economic damages, which consider pain and suffering and quality of life, make up a larger proportion of the whole award. It is that prospect that enables middle income people to attract legal support that they would be unable to afford if they were required to pay hourly rates. In addition, the threat of significant liability helps deter hospitals from cutting corners on safety and stops pharmaceutical corporations from selling drugs they know to be dangerous. While the bill’s proponents argue that it would lower the cost of malpractice insurance for obstetricians, there is no evidence linking high malpractice insurance premiums to the cost of lawsuits. In fact, insurance industry representatives have said that they would not commit to lowering insurance rates if medical malpractice bills like this one are passed.

Capping damages

Medical Care Access Protection Act of 2006

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

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Additional Resources

Consumer Product Safety Improvement Act of 2008

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Quotes from Experts

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Beyond this Bill

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Additional Resources

Consumer Product Safety Commission Reform Act of 2008

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

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Beyond this Bill

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Consumer Product Safety Modernization Act of 2007

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

Related Blog: Link

Additional Resources

Healthy Mothers And Healthy Babies Access To Care Act of 2004

Legislation

The middle class

Video Summary

Injustice Facts

Overview/Summary

Middle Class Position Analysis

Related Blog: Header

Quotes from Experts

Related Blog: Text

Beyond this Bill

Related Blog: Link

Additional Resources