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.