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Conrad Burns Calls Montana Families Devastated by
Medical Negligence “Frivolous”
Chooses Insurance Company Profits Over Montana Families

(Thursday, May 4, 2006 -Washington DC)—Sen. Conrad Burns (R-MT) used the floor of the U.S. Senate to insult victims of medical malpractice on Thursday, asserting that the only people who could possibly be harmed by an ill-conceived measure to apply a one-size-fits-all cap on non-economic damages “are the folks who make a living just in frivolous lawsuits.”

Burns’ remarks came as the upper chamber prepares to debate legislation that would impose a $250,000 cap on awards in medical malpractice cases, regardless of the extent of the negligence or the pain suffered by the patient.

“Senator Burns either refuses to hear the voices of malpractice victims who have tearfully asked Congress not to take away their rights with this bill or he simply does not care,” said Ken Suggs, president of the Association of Trial Lawyers of America.

“Conrad Burns should be required to personally tell the mother who loses a child to medical negligence, the child paralyzed for life, or the patient who has the wrong limb cut off -- whose pain and suffering damages would be limited by Burns’ one-size-fits all cap of $250,000 -- that he considers them frivolous,” Suggs said.

Any patient seriously victimized by medical malpractice stands to lose under the proposal. “The people hurt by Burns’ bill are the surviving families of the tens of thousands of Americans killed every year by medical negligence, who will be told the value of a life cut short is no more than $250,000,” Suggs said.

In reality, the only entity that stands to benefit financially is the giant insurance industry, which will enjoy smaller pay-outs and not be required to pass on any savings to doctors in the form of reduced medical malpractice insurance premiums.

“Those who benefit from his bill are equally as apparent -- they are the insurance companies who have spent lavishly to lobby for this bill, a bill which protects their profits, caps their liability, and has no requirement that they lower rates for doctors or patients,” Suggs said.

Senator Burns has been challenged to name one case in which a jury awarded compensation in excess of his $250,000 cap that he would consider “frivolous” and he has not done so. Perversely, his bill only applies to the most meritorious cases. Putting a one-size-fits all cap on all cases, even cases where a limb is wrongly removed or a baby is permanently brain-damaged, is unfair only to the most seriously injured victims. These are the rare cases in which a jury might provide more than $250,000 in non-economic damages.

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.