The Government is Taking Away Your Right to Recover for Faulty Medical Devices
Written By: Max Fromento; J.D. Candidate, The Benjamin N. Cardozo School of Law Class of 2018
Medical errors are the third leading cause of death in the United States. They are not the patient’s fault in any way, yet the Federal Government is trying to prevent the injured from recovering. Why? The Government says this is an attempt to curb healthcare costs but studies by the Cato Institute have shown that limiting damages is not the way to cut costs. Patients would not be suing medical device manufacturers if they had properly developed devices. Why punish patients for the mistakes of companies?
What is The Protecting Access to Care Act?
The Protecting Access to Care Act of 2017 is a rushed attempt by politicians to take away your rights. This act limits the damages you can recover to $250,000. Congress values your life at $250,000. That means you could be paralyzed, lose a limb, suffer trauma, or reproductive harm and certain damages may be capped at $250,000.
An act like this has never been passed before and it should not be passed now. Not only does it limit the amount of money patients can recover, it also lets companies take their time when paying your judgment. The proposed legislation allows companies that cannot pay you to forget about the pain they caused you and forgo payment, leaving you with nothing after a court has decided that you are entitled to the money.
Furthermore, this bill handicaps people who are injured by limiting attorneys’ fees, while hospitals, manufacturers, and insurers can pay their attorneys unlimited amounts. Adding insult to injury, the bill shortens the amount of time that patients who are implanted with faulty medical devices have to file a complaint. Despite your injury, pain, and suffering you could be left with nothing.
What Can You Do to Stop HR 1215?
In order to protect yourself and to protect other injured Americans from damage caps, payment delays, incomplete payments, handicapping the injured, and shortening the time to file a claim, please call or write to your representative and tell them to vote no on HR 1215, the Protecting Access to Care Act of 2017. We at Rheingold, Giuffra, Ruffo & Plotkin LLP are working especially hard to protect you. You can find your representatives information and write to them at https://democracy.io/#!/#%2F.