Exposed: A trial lawyers’ pay-off in Obamacare
Walter Olson has the scoop on how Dems tried to stuff goodies for trial lawyers in the House Democrats’ health care takeover bill.
Republicans apparently stymied those efforts last week, but like the Terminator, they’ll be back.
Just before the House leadership’s 794-page health care reform bill went to a Ways & Means markup last Thursday, a remarkable provision was slipped in that amounts to one of the more audacious and far-reaching trial lawyer power grabs seen on Capitol Hill in a while. Republicans managed to fend it off for the moment–but don’t be surprised if it shows up again down the road in some form.
The provision would have drastically widened the scope of lawsuits against what are known as Medicare third-party defendants…
…The language slipped into the health bill would greatly expand the scope of these suits against third parties, while doing something entirely new, namely allow freelance lawyers to file them on behalf of the government–without asking permission–and collect rich bounties if they manage thereby to extract money from the defendants. Lawyers will recognize this as a “qui tam” procedure, of the sort that has led to a growing body of litigation filed by freelance bounty hunters against universities, defense contractors and others alleged to have overcharged the government.
It gets worse…
American Assn for Justice
Formerly the Association of Trial Lawyers of America (ATLA), this group of plaintiffs' attorneys and others in the legal profession now goes by the name of the American Association for Justice (AAJ) and boasts 56,000 members worldwide. A lobbying heavyweight, the association has been battling any attempt at tort reform, including recent proposals to cap awards in medical malpractice lawsuits. AAJ also lobbies Congress on any legislation that may inhibit the ability of consumers to bring lawsuits, particularly against health care providers, asbestos companies or insurance companies processing claims related to terrorism. The association favors Democrats, who oppose most attempts to initiate tort reform.
• Women could be forced to abort their pregnancies, whether they wanted to or not;
• The population at large could be sterilized by infertility drugs intentionally put into the nation's drinking water or in food;
• Single mothers and teen mothers should have their babies seized from them against their will and given away to other couples to raise;
• People who "contribute to social deterioration" (i.e. undesirables) "can be required by law to exercise reproductive responsibility" -- in other words, be compelled to have abortions or be sterilized.
• A transnational "Planetary Regime" should assume control of the global economy and also dictate the most intimate details of Americans' lives -- using an armed international police force.
