State Ballot Measure 81 would amend the Oregon Constitution to allow the Legislature to limit the damages plaintiffs receive in civil cases, and is garnering support from the medical community, insurance companies and business organizations, which all say the measure would limit their civil liability and keep costs down.
Opponents charge that Measure 81 would allow the Legislature to grant immunity to whole sections of industry and deny Oregonians rights to a fair trial.
If voters pass the measure at the polls on May 16, they would grant the Oregon Senate and House of Representatives the power to enact statues limiting damages awarded to plaintiffs in civil trials, rather than allowing juries that discretion.
Rep. Floyd Prozanski, D-Eugene, appointed by the Oregon Secretary of State to help draft the measure’s “impartial explanation” in the Oregon Voters’ Pamphlet, said that the measure would cap non-economic damages at $500,000.
In essence, Prozanski said, the measure would allow the Oregon legislature to regulate damages for pain and suffering, mental duress or any other punitive damages not directly related to a plaintiff’s immediate physical care.
Prozanski said the measure is “written so broadly, it goes way beyond non-economic damages.” He foresees an abundance of abuses by vested interests in both the Senate and the House.
“The medical sector is concerned about keeping their fees up and cutting liability,” Prozanski said. “Big businesses want protection from expensive lawsuits.”
David Fidanque, executive director of the Oregon American Civil Liberties Union, also sees problems with Measure 81.
“The ACLU doesn’t usually take positions on so-called ‘tort reform’ but the language in this measure is so sweeping and broad,” he said, stating the measure could be used to grant immunity to businesses and other parties supporting its passage.
“The Oregon Bill of Rights states that you cannot grant immunity to any citizen or class of citizens, and this measure is a clear violation of that,” Fidanque said.
He called the bill “sloppily written and hastily pushed through the Legislature.”
Supporters of the measure point out that if civil liability goes unchecked, not only will businesses and insurance companies suffer, but so will the public.
“Measure 81 will not only protect small business owners, hospitals and doctors, but it will also protect government agencies, non-profit organizations, volunteers, good Samaritans and the public taxpayers,” said Jim Kronenberg, associate executive director of the Oregon Medical Association.
Kronenberg said supporters realize this is a contentious issue. “We don’t want to deprive victims of their rightful damages,” he said.
As for the “broad” language of the measure, he said the measure encompasses potential statutes.
Kronenberg listed several problems that he foresees if Measure 81 doesn’t pass.
“If it doesn’t pass, malpractice premiums will go up, insurance premiums will go up and hospital care may become more expensive,” he said. “If a public agency is sued, the individual employees as well as the agency could be held liable in a civil lawsuit.”
Besides, the public “already has plenty of other safeguards for injured parties,” Kronenberg said.
In his opinion, the only people who would benefit if Measure 81 fails are those trying cases in civil litigation.
If voters don’t pass Measure 81, Kronenberg predicts that “it will become open season on everyone for trial lawyers in civil cases.”