Kat,
I agree that a cap of some sort needs to be instituted, but a $250,000
to $750,000 cap on non-economic damages in some instances is too low,
IMHO.
For children that are injured, it's much more difficult to put a figure
on "economic damages" than it is for an adult. For example, a 35 year
old machinist who makes $50,000/year might get injured and becomes
completely disabled.
It's fairly easy to calculate his economic damages as $1.5 million,
assuming he would have worked until he was 65 (not counting inflation,
and raises, etc. If that machinist is in need of attendant care 12
hours a day at $15.00 an hour, that's $180.00 a day, or $65,000/year.
If the machinist lives to be 65, the "traditional" retirement age, his
expenses to provide for care that he wouldn't have needed had he not
been injured are in the neighborhood of $2 million, without factoring in
inflation.
Take a 12 year old kid who is similarly injured. That child will
probably live longer than the machinist. For the sake of simplicity,
let's say an extra 20 years, or an extra $1.3 million dollars. The
problem is that since that child has no earnings record on which to base
economic damages, damages are generally derived as non-economic. If a
cap of $250,000 is imposed, and the child needs $65,000 of attendant
care per year will have spent that settlement in less than 4 years, or
by the age of 16.
Kendall
An unreasonable man (but my wife says that's redundant!)
The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore, all
progress depends on the unreasonable man.
-George Bernard Shaw 1856-1950
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Monday, May 08, 2006 12:22 PM
To: [log in to unmask]
Subject: Re: [C-PALSY] Health care bills before the Senate this week.
Sorry, but this is where I disagree with my fellow Dems - I agree with
the
need for liablity award caps.
Kat
Original Message:
-----------------
From: Kendall David Corbett [log in to unmask]
Date: Mon, 08 May 2006 13:12:46 -0600
To: [log in to unmask]
Subject: Re: Health care bills before the Senate this week.
Mike,
Sorry about that; let me try again.
http://democrats.senate.gov/dpc/dpc-printable.cfm?doc_name=lb-109-2-59
http://democrats.senate.gov/dpc/dpc-new.cfm?doc_name=fs-109-2-62
Kendall
An unreasonable man (but my wife says that's redundant!)
The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore, all
progress depends on the unreasonable man.
-George Bernard Shaw 1856-1950
-----Original Message-----
From: Mike Collis [mailto:[log in to unmask]]
Sent: Monday, May 08, 2006 11:59 AM
To: [log in to unmask]
Subject: Re: [C-PALSY] Health care bills before the Senate this week.
Kendall, the links you supplied didn't work.
Mike
-----Original Message-----
From: Cerebral Palsy List [mailto:[log in to unmask]] On Behalf
Of
Kendall David Corbett
Sent: Monday, May 08, 2006 2:28 PM
To: [log in to unmask]
Subject: Health care bills before the Senate this week.
The following two bills up for Senate consideration may have an impact
on people with disabilities; the first would cap non-economic damages in
malpractice cases at the federal level. The second would allow small
businesses to unite to provide health coverage for employees.
=20
http://www.law.com/jsp/article.jsp?id=3D1146560723749
=20
http://thomas.loc.gov/cgi-bin/query/D?c109:2:./temp/~c1095XslNC::
=20
=20
Kendall=20
=20
An unreasonable man (but my wife says that's redundant!)
=20
The reasonable man adapts himself to the world; the unreasonable one
persists in trying to adapt the world to himself. Therefore, all
progress depends on the unreasonable man.
=20
-George Bernard Shaw 1856-1950
=20
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