Tort Reform – What Is An Exception Will Be The Norm With Tort Reform

April 21, 2011

To all my colleagues, friends and not so much friends, this tragic tail is a perfect example of rare and unforeseen events which will become far too common if tort reform, in its commonly known form, is adopted. The fact of the matter is that, the tort reformers’ agenda is in reality a cost shifting scheme for the benefit of the insurance companies.

In the case illustrated below, while the short fall comes from the expert’s testimony indicating that the injured child would not live past his 20th birthday, and hence designing a settlement/verdict based on that faulty prediction, in cases which will come to be heard after tort reform has been enacted, the short fall will be simply a matter of law.

And, just so that there are no question(s) about it-once there is a shortfall, who will pick up the tab? Yes, you and I, Mr. and Ms. Taxpayer. So, while the case illustrated below is currently simply a rare and tragic exception (and in such instance I have no issue my tax dollars go to provide care and support for this individual) such cases will become normal and all too often a matter of course.

Tort reform is only about a cost shifting scheme–sifting costs for which an insurance company has been paid for onto the tax payers.

Paralysed since the age of three, Dan Crews hoped that he would not live to see the day that his money ran out.

Now, with his house in foreclosure in Antioch, Illinois and a nursing agency threatening to sue, family members face the heart-wrenching prospect of moving the 27-year-old man into a nursing home.

As a quadriplegic, Crews cannot move his body from the neck down. He relies on a ventilator and needs around-the-clock care, which had been paid for through a trust fund established in 1992 after a $6 million personal injury settlement.

At the time, doctors believed that Crews would live no longer than 20 years. But he thrived under his family’s loving care in a custom-designed home, and has out-lived his resources.

via Why paralysed Dan wants to die: bank wants his home and his money’s run out.

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