2016 Postmortem
In reply to the discussion: Enough of the bull$hit. It's not that HRC and cronies think Bernie can't get single payer passed [View all]Dustlawyer
(10,495 posts)Texas went for it in a big way with Citizens (corporations and Plutocrats) Against Lawsuit Abuse leading the charge. Bob Perry, a billionaire home builder even got the legislature to create an agency to end suits against homebuilders. It was expensive to make a claim that went before their stacked arbitration board, which was filled with representatives of big residential construction companies. After several years without anyone being able to recover for shoddy construction there was enough blow back to end the agency.
Texas is so draconian on medical malpractice that TPTB want to make it go national. Imagine a drunk doctor that kills an expectant mother and renders the child a quadriplegic and mentally deficient (real case). The most that could be recovered was the medical and $250,000 for pain, suffering, and mental anguish. Its probably a blessing that the child has no idea what he lost due to this doctor whom everyone that worked with him knew of his problem. Experts on the case are expensive as is depositions and other case expenses, all of which come out of the recovery. They made it financially impossible for attorneys to take most malpractice cases.
The big selling point was all of the "frivolous" cases we attorneys file needed to be stopped. The problem with this is that we try very hard not to sign up "frivolous" cases. We only get paid if there is a recovery. We spend our time and money on the cases we take, and it is hard to get paid on good cases, much less frivolous ones! Besides, the judges throw out cases without merit, its called Summary Judgment.
The other thing that they used with the help of the corporate media was the McDonalds Coffee Case. The media made it seem like a lady spilled coffee on herself and won a jackpot verdict. They failed to mention that Mickey D's raised the temp on their coffee to get more coffee per bean and have it stay fresh longer. They were settling confidentially with others who were burned and still making big increased profits. Ms. Stella Liebeck lost her Labia and Clitoris, and almost lost her life. She was awarded 1 day of McDonald's coffee sales, $2 million, which the judge remitted to $900,000 as he thought 2 million was excessive for a clit and labia. McDonalds lowered the temp on the coffee and the system worked.