Graniteville train
crash victim worries about lawsuit legislation
JIM
DAVENPORT Associated
Press
COLUMBIA, S.C. - People trying to recover from
the Graniteville train crash that spilled chlorine and damaged their
health, property and livelihoods now are worried about lawsuit
reforms the Senate is considering.
Rodney Johnson said Tuesday he doesn't understand how lawmakers
could pass legislation that could keep victims "from receiving
compensation for our injuries."
Johnson is credited with saving lives by retrieving a respirator
and driving 10 people out of an area contaminated with chlorine gas
after the recent Aiken County disaster.
Tort reform debate has simmered in the Legislature for years.
Johnson sees it in the context of the train crash and an upbringing
that emphasized personal responsibility.
"This debate over limiting our rights is really about people
trying to avoid their responsibility," he said.
Johnson was at the Statehouse before the Senate Judiciary
Committee took up 16 bills dealing with various aspects of how
people can take legal issues to court and whether there will be
financial limits set if they win their cases.
Columbia lawyer Richard Gergel, who is representing several
people affected by the train wreck and chemical leak, says one of
the bills would make it tough to sue companies that share a small
portion of the responsibility.
For instance, companies who are deemed to be less than 20 percent
responsible for injuries or damages could not be sued. In
Graniteville, it is possible that no company would "exceed the
arbitrary 20 percent threshold," Gergel said.
For nearly an hour Tuesday, it appeared the bills would head to
the Senate floor without either side getting to testify on the
changes.
Senate Judiciary Chairman Glenn McConnell, R-Charleston, said he
opposed sending many of the bills to subcommittees for public
hearings, particularly a medical malpractice bill he's
sponsoring.
"Everybody knows where they are on this issue," he said.
Subcommittees would be a waste of time and play into the hands of
opponents who have been trying to delay tort reform, said McConnell,
who's an attorney.
His medical malpractice bill says people suing doctors can
receive no more than $250,000 in noneconomic damages, or awards
given in addition to the medical costs, lost wages and other
financial damages.
There are exceptions. For instance, the cap wouldn't apply when a
doctor's conduct was willful, reckless or malicious.
The state's medical community and insurance companies support
that measure. They say that high malpractice insurance rates are
driving physicians out of critical care areas such as
obstetrics.
But lawsuits are about the only recourse the public has, said
Helen Haskell. In 2000, her son Lewis Blackman bled to death because
of an undiagnosed perforated ulcer caused by an overdose of
prescribed pain medication at the Medical University of South
Carolina.
Lawsuits "are the only accountability that exists in the medical
establishment," Haskell said.
After an 11-11 vote failed to send that bill to subcommittee,
Judiciary Committee members warned McConnell that tort reform bills
were moving too fast and public hearings should be held.
"I am very concerned," said Sen. John Hawkins, a Republican
lawyer from Spartanburg. "We want to be fair. We want to have the
appearance of fairness."
McConnell relented when opponents and supporters on the committee
agreed the bills would be reviewed by a subcommittee and their fate
decided within two
weeks. |