HOUSE COMMITTEE ON JUDICIARY
March 18, 2003 Hearing Room 357
1:00 p.m. Tapes 89
- 91
MEMBERS PRESENT: Rep. Max Williams, Chair
Rep. Gordon Anderson, Vice-Chair
Rep. Robert Ackerman, Vice-Chair
Rep. Jeff Barker
Rep. Bob Jenson
Rep. Jerry Krummel
Rep. Greg Macpherson
Rep. Floyd Prozanski
Rep. Lane Shetterly
STAFF PRESENT: Bill
Joseph, Counsel
Ann Martin, Committee Assistant
MEASURE/ISSUES HEARD: Tort Reform:
HB 2492 Public Hearing
HB 2493 Public Hearing
HB 2494 Public Hearing
HB 2495 Public Hearing
HB 2496 Public Hearing
HB 2497 Public Hearing
HB 2498 Public Hearing
HB 2591 Public Hearing
These minutes are in
compliance with Senate and House Rules.
Only text enclosed in quotation marks reports a speaker’s exact
words. For complete contents,
please refer to the tapes.
|
TAPE/# |
Speaker |
Comments |
|
TAPE 89, A |
||
|
004 |
Chair Williams |
Calls the meeting to order at 1:15 p.m. Opens a
public hearing on HB 2492, 2493, 2494, 2495, 2496, 2497, 2498 and 2591. |
|
HB
2492, 2493, 2494, 2495, 2496, 2497, 2498 and 2591 PUBLIC HEARING |
||
|
A Doctor’s
Perspective: |
||
|
026 |
Dr. Debra Johnson |
Obstetrician/Gynecologist. Testifies on bills. |
|
070 |
Dr. Peter Bernardo |
General Surgeon. Submits testimony and testifies on
bills. Discusses the crisis in Oregon. (EXHIBIT
A). |
|
Oregon
State Bar Procedures & Practice Committee: |
||
|
200 |
Mark Morrell |
Chairman, Oregon State Bar Procedures and Practice
Committee. Submits testimony and testifies on HB 2492, 2493, 2494 and 2495 (EXHIBITS B-F). |
|
231 |
Rep. Shetterly |
Comments on history of tort reform in 1995. |
|
246 |
Vice-Chair Anderson |
Discusses the costs of malpractice insurance for a
physician. |
|
272 |
Stu Brown |
Oregon State Bar Procedures and Practice Committee. Submits
testimony and testifies on HB 2492, 2493, 2494, 2495 and 2591 (EXHIBIT G). |
|
394 |
Morrell |
Continues his testimony. |
|
TAPE 90, A |
||
|
004 |
Morrell |
Continues his testimony. |
|
055 |
Chair Williams |
Wonders why they are opposed to a change in the
process. |
|
081 |
Morrell |
Answers that it could complicate the process. |
|
108 |
Chair Williams |
Points out that in 48 other states they allow expert
witnesses. |
|
143 |
Rep. Macpherson |
Asks Mr. Morrell and Mr. Brown if HB 2492 and 2494 would
tend to increase the cost of advocacy or reduce the cost. |
|
151 |
Brown |
Says that expert witness discovery would increase
the cost of advocacy. |
|
201 |
Morrell |
Discusses expert disclosure. Continues his testimony
on the bills. Thinks that HB 2495 is an access to justice problem. Discusses
HB 2496. |
|
338 |
Rep. Shetterly |
Makes observation on collateral benefits. |
|
TAPE 89, B |
||
|
002 |
Brown |
Discusses HB 2498 and 2591. |
|
Oregon
Trial Lawyers Association: |
||
|
088 |
Mic Alexander |
Attorney. Submits testimony and testifies in
opposition to HB 2492 and 2497 (EXHIBIT
H). |
|
286 |
Richard Lane |
Attorney. Submits testimony and testifies in
opposition to HB 2492 and 2497 and (EXHIBITS
I-L). |
|
TAPE 90, B |
||
|
003 |
Lane |
Continues his testimony. |
|
101 |
David Miller |
Attorney. Submits testimony and testifies on HB 2494
and 2495 (EXHIBIT M). |
|
217 |
Miller |
Continues his testimony. |
|
337 |
Jerry Sagan |
Victim of medical negligence. Testifies in
opposition to HB 2495. |
|
TAPE 91, A |
||
|
004 |
Sagan |
Continues his testimony in opposition to HB 2495. |
|
026 |
Bob Joondeph |
Oregon Advocacy Center. Submits testimony and
testifies in opposition to HB 2495 (EXHIBIT
N). |
|
054 |
Tony Alfieri |
Structured Settlement Planner. Submits testimony and
testifies in opposition to HB 2591 (EXHIBIT
O). |
|
117 |
Chair Williams |
Notes written testimony of Lynn-Marie Crider (EXHIBIT S). |
|
124 |
Scott Heiser |
Oregon District Attorney’s Association. Submits
testimony and testifies in opposition to HB 2493 (EXHIBIT P). |
|
162 |
Bill Sime |
Attorney, Oregon Association of Defense Counsel.
Testifies on HB 2497 and 2494. |
|
356 |
John Powell |
Regence Blue Cross/Blue Shield. Submits testimony
and testifies in opposition to HB 2496 (EXHIBIT
Q). |
|
396 |
Fred Van Natta |
Liberty Northwest Companies. Submits testimony and
testifies on HB 2496 (EXHIBIT R). |
|
425 |
Chair Williams |
Closes the public hearing on HB 2492, 2493, 2494,
2495, 2496, 2497, 2498 and 2591. Adjourns the meeting at 3:30 p.m. |
EXHIBIT
SUMMARY
A
– HB 2492, 2493, 2494, 2495, 2496, 2497, 2498, 2591, written testimony
submitted by Dr. Bernardo, 1 pg.
B
– HB 2492, written testimony submitted by Mark Morrell, 1 pg.
C
– HB 2493, written testimony submitted by Mark Morrell, 2 pgs.
D
– HB 2494, written testimony submitted by Mark Morrell, 2 pgs.
E
– HB 2496, written testimony submitted by Mark Morrell, 2 pgs.
F
– HB 2492, 2497, written testimony submitted by Mark Morrell, 2 pgs.
G
– HB 2591, written testimony submitted by Stu Brown, 2 pgs.
H
– HB 2492, 2497, written testimony submitted by Mic Alexander, 4 pgs.
I
– HB 2492, written testimony of Robert Neuberger, and attachments, submitted by
Richard Lane, 17 pgs.
J
– HB 2497, written testimony of Robert Neuberger, and attachments, submitted by
Richard Lane, 18 pgs.
K
– HB 2496, written testimony submitted by Richard Lane, 3 pgs.
L
– HB 2498, written testimony submitted by Richard Lane, 1 pg.
M
– HB 2494, 2495, written testimony submitted by David Miller, 5 pgs.
N
– HB 2495, written testimony submitted by Bob Joondeph, 1 pg.
O
– HB 2591, written testimony submitted by Tony Alfieri, 1 pg.
P
– HB 2493, written testimony submitted by Scott Heiser, 3 pgs.
Q
– HB 2496, written testimony of Leonard Hagen, submitted by John Powell, 1 pg.
R
– HB 2496, written testimony submitted by Fred VanNatta, 1 pg.
S
– HB 2492, 2495, 2496, 2497, 2498 and 2591, written testimony of Lynn-Marie
Crider, submitted by staff, 4 pgs.
T
– HB 2498, written testimony of Michael Zusman, submitted by staff, 2 pgs.
U
– HB 2492, 2497, written testimony of Michael McClinton, submitted by staff, 2
pgs.
V
– Map and Chart regarding Oregon’s Neurosurgeon Shortfall, submitted by the
Oregon Medical Association, 2 pgs.