Tempers flare during legislative negotiations
By Staff
from staff and wire reports
Sept. 14, 2002
JACKSON Tempers flared Friday as state House and Senate negotiators again tried unsuccessfully to agree on the final version of a medical malpractice bill.
Rep. Percy Watson, D-Hattiesburg, and Sen. Tommy Robertson, R-Moss Point, both of whom are lawyers, exchanged barbs about which chamber has been more willing to compromise.
It was the ninth day of a special session on medical malpractice insurance and the seventh day in which House and Senate leaders worked on a compromise. Talks are expected to continue today.
Robertson said House negotiators had done little more than change the dollar limit for pain-and-suffering damage awards, while the Senate had offered more significant changes in its original position.
It is very, very frustrating to me that I'm willing to negotiate, but it's hard to negotiate when it looks like to me you don't want a bill,'' Robertson said.
Watson takes a shot
But Watson said the House has offered significant changes, while you all have flipped around'' on issues such as the pain-and-suffering awards.
He also told Robertson that it's difficult to resolve differences over whether Mississippi should continue allowing large lawsuits. He also said legal experts say a related issue of how much financial responsibility parties should bear in lawsuits can be confusing.
Perhaps it's not confusing to you, but perhaps it's because you don't know anything about it,'' Watson said.
Lobbyists and other observers responded with a low Ooooo.'' Robertson, red-faced, sat back in his chair and did not respond.
Within moments, Watson and Robertson apologized to each other.
Meanwhile, the House and Senate inched closer to agreement on limits for pain-and-suffering awards.
House makes compromise
The House offered a $600,000 cap, down from a $900,000 offer the day before. The House also had an escape clause with no caps for cases of gross negligence.
The Senate offered a $500,000 cap, up from a previous offer of $300,000. The Senate also would allow some exceptions for awards of up to $1 million.
The biggest fight of the day, though, was over whether Mississippi should continue to allow mass torts, or lawsuits involving hundreds or even thousands of plaintiffs.
Drug companies and others want to end the practice. Trial lawyers want to keep it.
Sen. Bennie Turner, D-West Point, said the Senate wants to end mass torts but the House doesn't.
It's not just language that separates us. It's a fundamental concept, and I hope the we can give this some thought and come up with a way to move closer together,'' Turner said.
Watson responded: There does appear to be more interest in mass torts than there is in medical malpractice reform.''
Gov. Ronnie Musgrove called the special session for legislators to help doctors and other health care professionals who are having trouble renewing malpractice insurance. Watson said he doesn't see the connection between that and ending large lawsuits.
I'm really amazed at how we have got to this issue of trying to end mass tort litigation in Mississippi,'' he said.
