Consumer Law

Oklahoma Governor Brad Henry Stands Strong For Civil Justice

By Andy Hoffman

About a year ago, we praised Oklahoma Governor Brad Henry for standing up for the sick and injured, despite enormous pressure from the insurance industry and medical establishment to enact laws that would significantly limit their ability to seek compensation for the harms they?d suffered.

Unfortunately, civil justice foes in the Oklahoma legislature are continuing their relentless pursuit to deny injured Oklahomans the compensation they deserve?this time with an insidious bill that would, among other things, brutally cap compensation to those with real, and often devastating injuries.  And here?s something to think about: if wrongdoers do not take personal responsibility for the harm they cause and adequately compensate those who are hurt, taxpayers will have to pick up the tab through things like health and disability programs.  In this day and age, that?s just unacceptable.

Governor Henry has vetoed similar bills in the past, because they were both unfair and unconstitutional.  Indeed, a ?one size fits all? cap is grossly unfair.  A child who suffers brain injury should not be treated identically to a senior citizen abused in a nursing home, or as a dad who is blinded on the job, or a mother who loses a child.  Where there is gross negligence, juries can certainly decide compensation better than any politician.  

What?s more, 90 percent of Oklahoma judges, who have more thorough knowledge of the system than anyone, ?believe there was no litigation crisis requiring litigation changes.?

Finally, this bill ignores the insurance industry?s major role in the high price of insurance premiums.  Time and again, it has been shown that ?caps? do nothing to reduce insurance rates.  Only effective insurance reforms stop the industry from abusing its enormous economic influence, which it uses to promote a legislative agenda that bilks taxpayers and severely hurts the public.

Full post as published by ThePopTort on April 07, 2009 (boomark / email).