APhA-ASP Proposal 2005.1 Tort Reform

[Caverject]

APhA-ASP supports legislation that limits the amount of non-economic and punitive damages incurred in malpractice lawsuits filed against pharmacists and other healthcare providers performing their professional duties.

Background Statement:
Under the current system of medical malpractice litigation, excessive non-economic and punitive damages have resulted in increased insurance premiums for healthcare professionals and ultimately increased healthcare costs. “Non-economic damages” pertains to non-tangible costs (e.g., pain and suffering). “Punitive damages” relates to excessive monetary awards used as a deterrent to future infractions. Placing limits on both of these amounts is a potential mechanism to maintain affordable malpractice insurance premiums and to keep the rising costs of healthcare down.

Debate away!

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[rxgal8]

I don't see how an increased premium would ultimately lead to a significant increase in healthcare costs (for pharmacists). Either way, I voted no.

 

[ultracet]

YES YES YES YES YES
cap those frivolous law suits

 

[ultracet]

not all people who are sued messed up....

I agree with limiting the amount of $ a lawyer can make but honestly the reason i support this is because innocent people end up paying out because A. the insurance company settles (and they are innocent but its cheaper than court) or B. it actually goes to trial and you see poor pitiful joe schmo there in his 500 casts and wheel chair and feel sorry for him and think someone should pay for his suffering

shady lawyers take the cases... i mean there are more law students at my school than pharm students and law is a 3 year program.

i also support limiting the # of people who pass the bar each year just so that there are no poor lawyers who will take any case for a few bucks

as much as i respect your opinions caverject i will say that i don't think you have any idea what it is like to be sued when you didn't do anything wrong.. your name was just on the chart and you end up paying and your insurance goes up and you can't get any on your own

 

[Caverject]

It's all good bb

I am for smart tort reform, not the one currently being offered.

 

[Caverject]

Okay...After some research, I will concede tort reform is needed for pharmacy. I am going to post two articles that just disgust me and scare me at the same time.

The Need for Tort Reform
by Hilda Bankston

My husband and I lived the American dream until three years ago when we were caught up in what has become an American legal nightmare.

Born in Guatemala, I moved to the United States in 1958 and worked in factories in New York before enlisting in the Marine Corps where I met my husband, Navy Seaman Fourth Class Mitchell Bankston.

After graduating from pharmacy school in 1971, Mitch fulfilled his lifelong dream of buying and operating a pharmacy in Fayette, Miss. He worked hard and built a solid reputation as a caring, honest pharmacist.

But our world and dreams were shaken to their foundation in 1991. The Bankston Drugstore was named as a defendant in a national class action lawsuit brought in Jefferson County, Miss., against one of the nation's largest drug companies, the manufacturer of Fen-Phen, an FDA-approved drug for weight loss.

Though Mississippi law does not allow for class action lawsuits, it does allow for consolidation of lawsuits as long as the case involves a plaintiff or defendant from Mississippi. Since ours was the only drugstore in Jefferson County and had filled prescriptions for Fen-Phen (a drug whose manufacturer is headquartered in New Jersey) the plaintiffs could keep the case in a place already known for its lawsuit-friendly environment. They could also use our records as a virtual database of potential clients.

Mitch had always taken the utmost caution and care with his patients. As the Fen-Phen case drew more attention, he became increasingly concerned about what our customers would think. His integrity, honor and reputation were on the line.

Overnight, our life's work had gone from serving the public's health to becoming a means to an end for trial lawyers to cash in on lucrative class action lawsuits.

Then three weeks after being named in the lawsuit, Mitch, who was 58 years old and in good health, died suddenly of a massive heart attack. In the midst of my grief, I was called to testify in the first Fen-Phen trial.

I sold the pharmacy in 1999, but still spend countless hours retrieving records for plaintiffs and getting dragged into court again and again to testify in hundreds of national lawsuits brought in Jefferson County against the pharmacy and out-of-state manufacturers of other drugs.

The lawsuits have been encouraged by rumors of outrageously large rewards. Attorneys handling these claims compare their actions to winning the lottery.

This lawsuit frenzy has hurt my family and my community. Businesses will no longer locate in Jefferson County because of fear of litigation. The county's reputation has driven liability insurance rates through the roof.

No small business should have to endure the nightmares I have experienced. I'm not a lawyer, but to me, something is wrong with our legal system when innocent bystanders are little more than pawns for lawyers seeking to strike it rich in Jefferson County--or any other county in the United States where lawsuits are "big business." I urge Congress to pass legislation reforming our legal system before more small business owners and their families are hurt.

Hilda Bankston and her husband are the former owners of the Bankston Drugstore in Fayette, Miss.

 

[Caverject]

Man's estate sues pharmacy where drugs stolen
BY BRIAN BRUEGGEMANN

[email protected]


EDWARDSVILLE - The estate of a Rosewood Heights man who died from overdosing on OxyContin stolen from a pharmacy is suing the pharmacy.


The suit comes a day after Madison County was again named the No. 1 judicial hellhole in the nation by the American Tort Reform Association for being plaintiff friendly.


The estate of Justin Stalcup filed suit against pharmacist Michael J. Cleary and his pharmacy, The Medicine Shoppe in Wood River. The suit claims the pharmacist did not properly safeguard narcotic medicines.


Stalcup died in February after overdosing on OxyContin provided to him by his girlfriend, Jode L. Sandbach, 20, of Wood River.


Sandbach, who worked as an assistant at the pharmacy and also is named as a defendant in the lawsuit, was charged in criminal court with theft and unlawful delivery of a controlled substance. She pleaded guilty in August and was placed on probation for three years.


She originally faced felony charges of theft and unlawful delivery of controlled substances. A grand jury considered a charge of involuntary manslaughter against Sandbach, but did not issue that charge.


Sandbach stole OxyContin and Xanax from the pharmacy Feb. 3. She gave the drugs to Stalcup, 21, who was found unresponsive at his residence in Rosewood Heights by his parents Feb. 4.


Stalcup was taken by ambulance to Alton Memorial Hospital and pronounced dead there. A coroner's jury later ruled his death was an accident.


OxyContin is a powerful pain medication often used with cancer patients. It is popular among drug abusers and known as "hillbilly heroin." Xanax is used to treat anxiety.