Hutchinson silent on lawsuit-cap proposal

Gov. Asa Hutchinson declined to say last week if he supports a ballot measure to limit noneconomic damages and attorney fees in medical lawsuits, but indicated he will take a public stance before the issue is taken to voters in November.

The proposed amendment to the state constitution, also known as Issue 4, would allow the Legislature to set a cap on damages for pain and suffering of at least $250,000, and to limit fees lawyers get if they win a case to one-third of damages.

The so-called tort reform amendment has drawn interest from several influential groups, including nursing home owners who largely paid for the petitioning of the amendment and trial lawyers who filed one of two lawsuits two weeks ago seeking to have it removed from the ballot.

Last Tuesday, the Family Council, a conservative and faith-based organization, announced its opposition to Issue 4.

The governor has taken a stance on other initiatives and constitutional amendments set to appear on ballots this fall. A former director of the U.S. Drug Enforcement Agency, Hutchinson has spoken out against two separate proposals to legalize medical marijuana. He also opposes a bid to authorize up to three casinos.

Hutchinson said he plans to focus more on other issues during the fall campaign season.

"At this point I will probably just stay neutral, I've got my personal opinions on it, but I don't anticipate anytime soon making an announcement on that amendment," Hutchinson said. "I'm going to let the debate continue on that, because there are a number of other amendments on the ballot that I will be putting more of my energy into."

"I'll probably tell people how I'll vote on it, but not anytime soon," Hutchinson added.

Hutchinson, who generally supports limiting damages and fees in medical lawsuits, said he believed a $250,000 cap would be too low. He agreed with a portion of the law allowing the General Assembly to set the cap of at least that, calling the Legislature "a good place for the debate."

Family Council President Jerry Cox -- who, like Hutchinson, opposes the medical marijuana and casino proposals -- said the governor is taking a "thoughtful" approach to reviewing the measure.

"There is a tendency among us conservatives to say we like tort reform and we like all tort reform reform," Cox said. "Reviewing this proposal [the Family Council has] determined there is good tort reform and bad tort reform."

Representatives for other groups on both sides of the issue declined to address the governor's neutral stance.

Metro on 09/13/2016

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