GOP blasts Obama decision to put tort reform in Sebelius' hands
written by Holly Smith
Monday September 14, 2009
The former Kansas governor is also a former lobbyist for trial lawyers. 'Perhaps my objectivity has been seriously compromised,' she said.
President Barack Obama raised a few Kansas eyebrows Wednesday when he told Congress that Kathleen Sebelius, secretary of Health and Human Services, would lead an effort to impose some restraint on the massive court awards sought by trial lawyers.
Tort reform had been sought by Republicans as a solution for rising health care costs. But Sebelius' experience may not be what they bargained for. Sebelius, who was governor of Kansas for six years, was also the chief lobbyist for the state's trial lawyers for eight years.
Supporters for tort reform, or a change in how medical malpractice litigation can be pursued, argue it would allow physicians to practice medicine without fear of gratuitous litigation, and would result in a significant decrease in health care costs. Many believe physicians order tests that may be unnecessary, just as a safeguard against possible lawsuits.
“Now, I don’t believe malpractice reform is a silver bullet, but I’ve talked to enough doctors to know that defensive medicine may be contributing to unnecessary costs,” Obama said during the congressional address. “I’m directing my secretary of health and human services to move forward on this initiative today.”
Sebelius has already admitted she may not be capable of being unbiased on the issue.
“Perhaps my objectivity has been seriously compromised by my trial-lawyers employment, but the premise that people are eager to use the courts seem hollow to me,” Sebelius said in a Kansas Trial Lawyers Association Journal. Sebelius served as director of the Kansas Trial Lawyers Association from 1978 to 1986.
According to the organization's website, the group’s mission is to “uphold and advocate the right of the individual for redress of grievances” and to “support and encourage laws which hold wrongdoers accountable for their acts.”
According to the Center for Responsive Politics, the American Association for Justice, formally known as the Association of Trial Lawyers of America, “has been battling any attempt at tort reform, including recent proposals to cap awards in medical malpractice lawsuits.”
The American Association for Justice contributes primarily to Democrats, who generally oppose tort reform. The group gave $2.58 million to Democrats in the 2008 election cycle, compared to the $119,750 it donated to Republicans.
Republican senators attempted to add tort reform amendments to a health care reform bill while it was in the Senate Health Committee, but the amendments were voted down along party lines.
Trial lawyers and other attorneys contributed heavily to helping Sebelius remain in the governor’s office, as demonstrated by a Washington Examiner report. The report points out Sebelius received approximately $900,000 from lawyers and lobbyists during her 2006 gubernatorial campaign.
The Kansas Republican Party called Obama’s decision to charge Sebelius with overseeing tort reform as “highly suspect.”
“Republicans have long pushed for medical liability reform as an important tool in driving down the cost of health care,” the Kansas GOP said in a statement issued to Kansas Liberty. “However, when Sebelius, the former director of the Kansas Association of Trial Lawyers, is given the reins, we have to wonder if this is simply an attempt to distract Republicans long enough to push through government-run health care without bipartisan support. The Democratic Party has too much support to lose for this pledge to be given much weight.”
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