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Proposed bill benefits personal injury lawyers at the expense of consumers, job creators
PA Chamber, health-care organizations fighting further erosion of Pa.'s legal system The PA Chamber, along with numerous other business and health-care groups, are fighting an attempt by the Trial Bar to advance legislation that would benefit personal injury lawyers at the expense of consumers and job creators in the Commonwealth. In a memo sent to state Senate lawmakers, nine business and medical organizations expressed strong opposition to legislation (H.B. 2246) passed by the state House that contains a Trial Bar amendment that would allow lawyers to argue at closing specific amounts for non-economic damages (pain and suffering), using either lump sums or mathematical formulas just for auto cases. The bill is now under consideration in the Senate. This bill sets a dangerous precedent that could eventually lead to broader applications of judicial procedure. The bill also would overturn a 1969 Supreme Court ruling that prohibits either party to argue specific amounts for non-economic damages, which the court determined would allow the rhetoric of closing arguments to have too much influence in a jury’s decision. The bill, with its personal-injury-lawyer friendly amendment aimed at preying on the emotions of a jury in order to reap exorbitant awards, is another example of Pennsylvania moving in the wrong direction on what is truly needed – meaningful lawsuit abuse reform that will inject fairness, common sense and personal responsibility into the legal system. Just how bad is Pennsylvania’s legal system? Pennsylvania ranked dead last for its legal climate in the recent Boardroom Guide to Litigation: An Analysis of the Legal Climates of all 50 States. The study’s authors specifically noted that Pennsylvania’s unbalanced liability climate strongly discourages job creation and growth, and shows no signs of improvement in the near future. Another study, the Institute for Legal Reform’s most recent Lawsuit Climate: Ranking the States positioned Pennsylvania 36 th. Other studies indicate similar results – Pennsylvania ahs one of the worst liability climates in the nation. Excessive damage awards result in higher consumer prices and decreased availability of services. The high legal costs paid by Pennsylvania health-care providers, employers and governments inhibit job growth, increase health-care costs and limit access to medical care. House Bill 2246 would raise awards and settlements, thereby disrupting an auto insurance marketplace that has served consumers well. That’s a cost that consumers, job creators and the Commonwealth can't afford. The PA Chamber, along with the Hospital and Healthsystem Association of Pennsylvania; Pennsylvania Medical Society; Pennsylvania Health Care Association; National Federation of Independent Business; Insurance Federation of Pennsylvania; Pennsylvania Association of County Affiliated Homes; Pennsylvania Academy of Family Physicians; and Pennsylvania Association of Nonprofit Senior Services, is urging Senate lawmakers to reject this unnecessary legislation and enact instead meaningful lawsuit abuse reform. ### Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state’s largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business. |
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