OK Tort Reform Compromise Forged

Republicans in the Oklahoma legislature reached out to trial lawyers and patient advocacy groups to forge a tort-reform compromise that the governor will likely sign.  The major features of the bill:

1. A redefinition of what constitutes a frivolous lawsuit, combined with a strengthening of summary judgment rules;
2. A certificate of merit requirement that covers all types of cases (not just med mal) and includes a pauper exception;
3. A cap on non-economic damages of $400,000, but an exception that a judge or jury may waive the cap in cases of gross negligence or catastrophic injury;
4. A requirement that the state explore purchasing a $20M insurance policy to create an indemnity fund for non-economic damages in excess of $400,000;
5. Changes to joint-and-several liability rules; and
6. Various class action changes

  Extended coverage is here and here.

–CJR