OKLAHOMA CITY - Whether all the provisions of a nullified lawsuit reform law will be re- created during an upcoming special session of the Legislature remains to be determined.
Gov. Mary Fallin in August called the special session after the Oklahoma Supreme Court in June ruled that a highly touted 2009 lawsuit reform package violated a constitutional ban on putting more than one subject in a bill.
In a separately worded opinion, the state's high court said requiring an expert to certify that a professional negligence case has merit before it can proceed was an impermissible special law and created a financial barrier to accessing the courts.
The law "creates a monetary barrier to access the court system, and then applies that barrier only to a specific subclass of potential tort victims, those who are the victims of professional negligence," the majority ruling said.
The court previously had stricken a similar measure that only applied to medical malpractice suits.
Senate President Pro Tem Brian Bingman, R-Sapulpa, said lawmakers have had some discussions about changes made in 2011 to the original measure and might not take up legislation on those issues.
One of those deals put caps on damages for pain and suffering, which was addressed in 2009 and again in 2011.
In the special session, which starts Tuesday, lawmakers are expected to give separate consideration to provisions of the nullified House Bill 1603.
In a conference call Friday, House members were told not all of the provisions of HB 1603 may be taken up - including the certificate of merit - although bills have been filed on each individual section of the nullified law.
The Governor's Office said it could not say whether the certificate of merit provision would be taken up again and referred questions to the Legislature.
Lawmakers have filed 30 bills dealing with the provisions of HB 1603, said Jennifer Monies, a Bingman spokesman.
The bills range from interest on judgments to product liability and procedures for dismissing a lawsuit.
Fallin said the special session could take five days to two weeks.
"We were very thoughtful in our decision-making," Fallin said. "We considered the gravity of the issue."
Fallin and Bingman said lawsuit reform is needed to keep and attract businesses and doctors, though others dispute that the 2009 measure had little to do with that.
"There is tremendous uncertainty for the medical community and the business community," Bingman said. "We are trying to shut the window as soon as possible and bring certainty to businesses in Oklahoma."
The first few days of the special session are expected to be light for lawmakers, with the bulk of the heavy lifting coming later.
Fallin said she hopes the session is done as efficiently as possible, adding that she thinks lawmakers want to continue their fall break. Some members have prior commitments and are not expected to be present.
The special session will cost $30,000 per day, officials have said.
Democrats in the House have complained that the special session will benefit special-interest groups such as businesses and the medical industry.
They argue that if a special session is warranted, it should be done to provide more funds to education and other entities such as the Oklahoma Department of Corrections.
"While I regret the fact that the governor feels it necessary to expend hundreds of thousands of dollars on the special session when we have so many other needs, I am pleased the governor and Republican legislative leaders may finally be taking the single-subject rule seriously," said Rep. Ben Sherrer, D-Chouteau.
"As a lawyer, I've found it somewhat embarrassing to be scolded by our Supreme Court for this Legislature's propensity to repeatedly pass unconstitutional legislation."
Provisions of the nullified lawsuit reform law
House Bill 1603, as signed by Gov. Brad Henry in 2009, included the following features:
- Non-economic damages capped at $400,000, except in extraordinary cases. (Lowered to $350,000 in 2011.)
- A state indemnity fund to cover damages of more than $400,000. (Never implemented.)
- Limited "court shopping" for class-action suits.
- Required expert certification of merit in professional negligence suits. (Later declared unconstitutional; substitute measure also ruled unconstitutional.)
- Protected food manufacturers from claims related to obesity.
- Gave additional product liability protection to manufacturers and sellers.
- Limited asbestos-related liability.
- Protected gun manufacturers and dealers from product liability.
Barbara Hoberock 405-528-2465
barbara.hoberock@tulsaworld.com
Original Print Headline: Lawsuit reform topic of session
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