Vested Interest - March 2004 Issue

The President’s Thoughts

While writing this month’s President’s Thoughts from the ITLA office in Springfield, I had the great pleasure of watching Illinois' Democratic Senator, Richard Durbin on C-Span, passionately advocating against the Senate Republican’s newest attack on the victims of medical malpractice – Senate Bill 2061. Appallingly titled, "The Healthy Mothers and Healthy Babies Act," this piece of legislation was in many ways even more insidious than the bill that failed in the Senate last July. It was almost as if the proponents of this bill having failed to eliminate the rights of all patients injured by medical negligence, decided that they would cruelly target the most vulnerable and innocent of all victims – pregnant mothers and their unborn children. This bill had everything you would expect from our opponents, a $250,000 damage cap, elimination of joint and several liability, severe restrictions on attorney’s fees, etc., etc. Thankfully, there was Senator Durbin persuasively arguing that the only people who would benefit from this mean-spirited legislation would be the insurance companies, HMO’s, doctors, and large medical manufacturing corporations.

I am pleased to report that the Republicans in the Senate failed to muster even 50 votes to stop the Democratic filibuster. There were only 48 votes for cloture, 12 short of the necessary 60 votes needed. In fact, three Republicans voted against cloture. Those Republicans are Senators Michael Crapo (ID), Lindsey Graham (SC), and Richard Shelby (AL). They should be commended for their courage by standing up to the medical and insurance industries.

Before you get too excited, remember that this is just one vote. There will be others within the next 60 days. Senate Majority Leader Bill Frist has vowed more "roll call" votes on issues like immunity for emergency room physicians and legislation to help "rural doctors." It is widely believed that Karl Rove is behind these Senate efforts (as I reported last month).

We should be encouraged by the defeat of this mean-spirited legislation, but do not get complacent! We will need each other to beat back these attacks. ITLA and its members have risen to the challenge so far, but much more needs to be done. For too long we have been on the defensive. Recent discussions I have had with David Casey, President of ATLA, have revealed that ATLA is formulating a long-term strategic plan to counteract the drumbeat of criticisms that our clients and profession receive in the public media. This is going to take money. A renewed effort is under way to boost the membership of the Leaders Forum of ATLA. The Leaders Forum members are listed in a special section of the directory, are eligible for additional free memberships, and enjoy special benefits at ATLA conventions. Of course, the dues will go directly to help fund these and other worthy efforts. I strongly encourage you to consider adding your firm to the Leaders Forum – membership helps your firm, your clients, and ATLA. Please call Extension No. 382 or e-mail leaders.forum@atlahq.org for more information.

Your help is also needed at the statewide level to stop " tort deform" in our State. Our opponents have introduced an array of typical tort restriction measures designed to provide immunities to physicians, limit lawyers fees, and of course, cap damages on all medical malpractice cases. Because of the self-inflicted medical malpractice insurance crisis and the perceived flight of physicians from our State, there is bipartisan interest in passing some form of legislation this spring, which will seek to address the issue of medical malpractice premiums. ITLA has prepared a letter (see page 2) that you and your clients can use to voice your opinions on these issues. I would strongly recommend you send letters to the governor and key legislators. Feel free to use all or part the enclosed letter.

Michael P. Schostok, President
Illinois Trial Lawyers Association