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AAJ Successfully Lobbies Against Restrictions On Medical Malpractice Claims


The American Association for Justice (AAJ) scored an important victory this week. According to the group’s President, Kathleen Flynn Peterson, the Senate with a 53-41 vote beat back a proposal to preempt state law and put sweeping limits on medical malpractice actions involving OB/GYN care.

Of all the issues before our country today, the Senate was in a way forced to vote on this issue, which was tacked on to – of all things – the Farm Bill! Although medical malpractice had nothing to do with farming, agriculture or biodiesel, New Hampshire Senator Judd Gregg insisted on “offering a draconian 30-page amendment that would have imposed every tort restriction imaginable in cases involving OB/GYN care in rural America,” Peterson explains.

These proposed restrictions would include everything from caps on damages to limits on fees to special protections for drug manufacturers. Isn’t that nice? To sneak in such an amendment as part of a Farm Bill that has nothing to do with tort reform. Had this legislation been passed, it would’ve seriously hurt mothers and babies who have already been hurt by medical malpractice. This would’ve seriously affected their legal rights and their rights as Americans to get justice.

Kudos to the AAJ for going out in full force and lobbying against this Bill, which if passed, would have had disastrous consequences for plaintiffs and tied the hands of personal injury and medical malpractice attorneys who are fighting hard for the rights of the people they represent. We should also thank the Senators for voting down this Bill. California Senators Barbara Boxer and Diane Feinstein voted against and we should express our gratitude to them for doing the right thing.

“It’s outrageous that the real issues involving medical safety and access to care were ignored and continue to be ignored,” Peterson says. “There are so many in the Senate who are ready to tackle the real issues and we are prepared to stand with them. But as long as there are those who insist on the wrong approach, we will – as we did this week – fight back.”

Bisnar Chase Personal Injury Attorneys is a firm supporter of the AAJ and their efforts. We congratulate them on this notable victory and hope they will continue to fight for justice and the rights of all Americans.

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