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Politics : Politics for Pros- moderated
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To: Ann Corrigan who wrote (78402)10/17/2004 3:35:39 PM
From: Ilaine  Read Replies (3) of 793914
 
The Bush bill would have limited liability for vaccine manufacturers with non-economic damages capped at $250,000, and punitive damages to $250,000 or twice economic damages, whichever was greater. No limit for economic damages. Kerry voted against it.

The tide in the country is turning against treating medical malpractice cases as potential lotteries. States which don't cap damages are seeing an erosion of medical professionals willing to provide services.

Virginia has a cap on ALL damages, has had for many years. It used to be $1 million, and has been gradually increased, now it's $1.5 million with an addition every year. I have worked on cases where the economic loss alone was more than the cap.

I think it would be much fairer if economic loss was uncapped and there was a cap on non-economic (pain and suffering) loss.

Economic damages are past, present and future lost wages; past, present and future medical expenses; cost of adapting your home or vehicle if necessary; vocational rehabilitation if necessary; stuff like that. For someone who suffers catastrophic injury, it can be quite a lot of money.

Then you have cases like Terri Shiavo, where her husband got her a huge med mal award and now is trying to kill her and keep the money. He's got another woman he is all but married to, but if he divorces Terri her parents get to keep her alive using the money.
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