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House panel considers broad changes to liability laws
Friday, 01 April 2011 10:03

(RALEIGH) – A comprehensive bill that would reform state rules for liability lawsuits was met with mixed reaction Thursday. The legislation would protect manufacturers and sellers of any drug, chemical or consumer product as long as it was approved by a state or federal government agency.

On Thursday, members of the House Select Committee on Tort Reform heard public feedback from patient advocates, trial lawyers and business leaders. Supporters said the measure would reduce the number of frivolous legal challenges that drive up costs for business. But opponents claimed the proposal would undermine a person’s legal rights and jeopardize public safety.

Personal injury lawyer Janet Ward Black said the bill would protect wrongdoing and make North Carolina the least safe state in the country. “If you post speed limit signs all along I-40 that say 70 miles per hour, but you tell North Carolina drivers you will never be caught by the Highway Patrol because we’re never going to enforce this, that is wrong and you know the behavior that will result.”

Product liability defense lawyer Frederick Rom said manufacturers wouldn’t get a free pass.  He said the changes would bring predictability and stability for companies. “If we have a regulatory scheme and process and this product is in conformance with that regulatory scheme, that is enough,” said Rom. “We shouldn’t be letting these issues go to a jury where we have passions involved. We have sympathy factors to determine whether or not that product is safe when it’s already been determined to be safe.”

Rep. Tom Murry, R-Wake, said the FDA approval process is rigorous and that should be recognized in the state’s judicial system. However, he noted there are still plenty of tough questions the tort reform panel must address. Murray, a pharmacist, said a significant percentage of drugs are prescribed for purposes the FDA didn’t approve. “Let’s say you’ve got a drug that’s approved for condition X and physicians prescribe it for condition Y. How does that impact tort liability if something should go wrong for a patient?”

The legislation also changes state rules for medical malpractice lawsuits. It would require a much higher legal standard when suing for mistakes made in emergency rooms. Many of those reforms were included in legislation that has already cleared the Senate. However, the House proposal limits the amount juries can award for non-economic damages to $250,000. Currently, there is no cap on compensation for things such as pain and suffering or physical impairment.

The tort reform panel is expected to consider bill amendments at a meeting next week.

 
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