The Family Council, which has campaigned against gay marriage, gambling and medical marijuana in Arkansas, turned to tort change Tuesday, announcing its opposition to a proposal to limit attorney fees and noneconomic damages in lawsuits against medical care providers.
The conservative and religious organization's announcement adds to the set of issues opposed by the Family Council Action Committee, which has already begun fundraising for its efforts against initiatives and amendments supporting casinos and medical marijuana during this year's general election.
Regarding the tort issue, Family Council President Jerry Cox likened the plan to allow the Legislature to set a cap for damages caused by pain and suffering in nursing homes and other care facilities to abortions, calling it a "pro-life" issue.
The proposed amendment to the Arkansas Constitution, known as Issue 4, is scheduled to be decided by voters in November.
The law specifies that the cap not be less than $250,000 and limits attorneys' contingency fees to one-third of damages. Awards for medical expenses would not be subject to the cap.
"Some people think that pro-life is just at the front-end," Cox said. ""It's also throughout life and at the end of life and for people who maybe cannot speak for themselves."
Two groups also opposed to Issue 4 filed separate lawsuits against Secretary of State Mark Martin's office last week, arguing the title of the amendment deceives voters and alleging canvassers for the petition violated state law when gathering signatures.
The Arkansas Supreme Court has yet to hear either case.
The Arkansas Bar Association announced its opposition to Issue 4 last week, joining a committee set up by two advocates of nursing home patients, but who had received all their donations from attorneys.
Chase Dugger, the director of Health Care Access for Arkansans, which paid for the petitioning of Issue 4, labeled both lawsuits filed last week as attempts by corporate lawyers to maintain their fees. He declined to comment on the Family Council's statement Tuesday.
Filings with the Arkansas Ethics Committee show that the Family Council brings some available cash to fight the proposed amendment, though not nearly enough to match the amount given by nursing home owners, doctors, pharmacists and others to Health Care Access.
According to the most recent filings from July, the Family Council Action Committee had $9,464 cash on hand.
The Committee to Protect AR Families, started by the patients' advocates, raised more than $400,000 during its first month in July. The Bar Associations' committee has yet to release reports.
Health Care Access for Arkansans reported it raised $870,710 during May, June and July, though it had only $30,801 available at the end of July after spending money to gather petitions and hire lawyers and consultants.
More than half of the committee's money came from the Arkansas Health Care Association, which represents most of the state's long-term care facilities.
"It's obvious that we are going to have to rely more on our grassroots network than any paid campaign," Cox said.
That network includes around 5,000 households and 1,000 churches in Arkansas, Cox said. The majority of the group's resources, he said, will still be spent on fighting two proposals on the ballot to legalize medical marijuana.
Bar Association President Denise Hoggard welcomed the announcement from the Family Council, though she said her group had not had spoken with Cox about collaboration. Cox said he did not have any plans to solicit or take donations from trial lawyers.
It's not the first time the Family Council has gotten involved in attempts to limit damages from medical suits, though Cox said his group is not generally opposed to changes in tort law.
In 2003, the group helped lobby against similar legislation to limit punitive damages that passed the General Assembly, but which was later struck down by the state Supreme Court.
Metro on 09/08/2016