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January 2008 - New Trustee For VPP: We are
pleased to announce that Lisa Dalesandro has joined
the Board of Voices for Patient Protection. Lisa has
been a registered nurse for 13 years, and has a BSN
from William Paterson College. She also has a post-baccalaureate
paralegal certificate from Montclair State University
and master's level legal studies credits. She is a board-certified
legal nurse consultant, certified by both the AALNC
Certification Board and the ACLNC. She has worked for
the law firm of Goldsmith, Richman & Harz for 9 years.
Prior to that, she worked for the Law Offices of Paul
J. Jackson for 13 years. She has also maintained her
nursing practice over the years, having worked most
recently as a medical-surgical nurse at Clara Maass
Medical Center and as a pediatric homecare field RN
with Loving Care Agency. She is continuing her nursing
education at Felician College, and has approximately
24 credits toward an MSN.
January 2008 - Wrongful Death Bill Pocket Vetoed
by Corzine: "To the Senate: I am filing Senate
Committee Substitute for Senate Bill No. 176 in the
Division of Archives and Records Management without
my approval. Under the provisions of Article V, Section
I, Paragraph 14 of the Constitution, this bill, which
was passed within 10 days preceding the expiration of
the second legislative year, does not become law because
it was not signed prior to the seventh day following
such expiration. In this circumstance, there is no provision
for the return of a bill to the Legislature for reconsideration,
but I deem it to be in the public interest to state
my reasons for deciding not to sign this bill. Senate
Committee Substitute for Senate Bill No. 176 would expand
the types of damages allowed in wrongful death actions
beyond “pecuniary” losses to include injuries resulting
from “mental anguish, emotional pain and suffering,
loss of society and loss of companionship.” I commend
the sponsors for recognizing the need to ensure that
the lives of minors, parents who do not work outside
the home, and the elderly are not significantly undervalued
by a system that limits an individual’s worth to his
or her financial contribution to the family. On the
other hand, unlimited damages based on emotional anguish
or pain and suffering could have a significant impact
on state and local budgets, since government entities
are not infrequently named as defendants in wrongful
death suits, and there are similar concerns as the State
undertakes efforts to attract and grow businesses here.
Unfortunately, I do not believe that this bill in its
current form strikes a fair balance that would avoid
using a strict monetary valuation of a person’s life
while also addressing the adverse effect of allowing
unlimited and unpredictable damages. I encourage the
Legislature to promptly revisit this important issue.
Further, I recommend that the Legislature consider alternative
means of striking an appropriate balance, especially
by granting more flexibility for courts to reduce excessive
non-pecuniary damage awards and defining non-pecuniary
damages less expansively. Accordingly, I must file Senate
Committee Substitute for Senate Bill No. 176 without
my approval.
................................
Respectfully,
................................
/s/ Jon S. Corzine"
December 2007 - Senate Panel Advances Bill To Allow
Expanded Wrongful Death Damages: The Senate
Judiciary Committee on Monday, Dec. 10th recommended
passage of a bill that would allow recovery of non-economic
damages in wrongful death cases and declined to place
statutory caps on such awards.
The bill, S-176, would expand damages - now limited
to pecuniary losses - to include mental anguish and
emotional pain and suffering. Spouses, civil union or
domestic partners, parents, biological or adopted children,
siblings, grandparents and grandchildren would have
standing to recover.
The committee voted 7-4 to send the bill to the full
Senate for consideration. It must be passed by both
houses and reach Gov. Jon Corzine's desk by Jan. 7,
the end of the current legislative session, if it is
to become law. Corzine has not yet taken a position,
pending review by his legal staff.
Monday's vote was split largely but not entirely along
party lines. Sen. Robert Martin, R-Morris, joined the
Democratic majority in recommending passage while Sen.
Raymond Lesniak, D-Union, joined Gerald Cardinale, R-Bergen,
Thomas Kean Jr., R-Union, and Joseph Kyrillos, R-Monmouth,
in opposing the bill.
Testimony came, as expected, from two camps: advocates
for survivors who say non-economic damage claims in
wrongful death cases should be allowed and representatives
of business and industrial groups that claim the legislation
will drive employers out of the state.
Amos Gern, president of the Association of Trial Lawyers
of America-New Jersey, said the inability of plaintiffs
in wrongful death cases to seek non-economic damages
is "insulting" to survivors.
He said the state's trial judges and the appellate courts
are competent enough to ensure that damages awards do
not get out of hand. "New Jersey's court system
is extremely competent," said Gern, of Roseland's
Starr Gern Davison & Rubin. "There will be
no runaway verdicts."
Also testifying for the bill was retired Justice Alan
Handler, who was a member of the state Supreme Court
when it ruled, in Green v. Bittner, 85 N.J. 1 (1980),
that the Wrongful Death Act, N.J.S.A. 2A:31-1, did not
permit parents to recover non-economic losses occasioned
by the loss of a child's companionship.
The Court in Green, acknowledging the hardship, said
any change to enlarge recoverable damages must come
from the Legislature. "I believe the proposed legislation
would address, correct and rectify those shortcomings,"
Handler said.
Handler, now of Woodbridge's Wilentz, Goldman &
Spitzer, said he had conducted a review of wrongful
death statutes in other states and said there was no
indication that allowing for non-economic damages led
to unjust results.
But David Kott, chairman of the New Jersey Business
and Industry Association's Legal Affairs Committee,
said allowing non-economic damages could lead prospective
employers who might otherwise relocate in New Jersey
to look to other states, and cause employers already
located here to consider moving to less tort-suit-friendly
locations.
Kott, of Newark's McCarter & English, noted that
most states that do allow for non-economic damages have
at least established a cap that averages about $250,000.
He suggested the committee consider putting cap language
in the bill.
Committee member Nia Gill, D-Essex, responded, "I
believe in caps, and I think the cap is what the jury
decides." The committee declined the amendment.
Other opponents, including the State Chamber of Commerce,
say that states that do not cap grief damages - such
as Arkansas and Vermont - lack a significant business
or employment base.
Additional witnesses had signed up to testify either
in support or in, but Chairman John Adler, D-Camden,
cut off testimony because the full Senate was about
to convene for a voting session. He said the committee
members knew of the interest groups' various positions
and had taken them into account.
Supporters of the legislation include the New Jersey
State Bar Association and Consumers for Civil Justice
of Trenton, a coalition of organizations that lobby
on civil justice and health benefit issues.
It is not clear when the bill will be considered by
the full Senate or the Assembly. Senate President Richard
Codey, D-Essex, has told aides he would prefer to see
some cap on damages. But, Assembly Speaker Joseph Roberts,
D-Camden, has said he is against limiting damages awards.
In June, the Assembly Financial Institutions and Insurance
Committee recommended passage of a companion bill, A-1511,
sponsored by Sheila Oliver, D-Essex, and Linda Greenstein,
D-Middlesex, but the full house has not yet taken a
vote.
The Senate sponsor is Sen. Nicholas Scutari, D-Union.
The Senate committee recommended passage of another
amendment to the Wrongful Death Act that would specify
that surviving children and surviving spouses or partners
are entitled to equal proportions of damages from wrongful
death claims. Adler is the sponsor of the bill, S-68.
A companion bill, A-2632, sponsored by Reed Gusciora,
D-Mercer, is in the Assembly Judiciary Committee. (Booth,New
Jersey Law Journal)
November 2007 - Disclosure of Hospital Acquired Infection
Rates: On November 1, 2007 Governor Jon S.
Corzine today signed legislation requiring New Jersey
hospitals to report statistics on all hospital acquired
infections to the Department of Health and Senior Services
(DHSS). This marks the first time the state will have
a comprehensive, detailed system of reporting for hospital
acquired infections, enabling hospitals to develop protocols
to combat this problem.
“I am proud to sign this legislation, which will put
the spotlight on this scourge of deadly infections,”
Governor Corzine said. “This will help hospitals put
procedures in place to prevent these infections and
give family-members access to information they need
to make informed decisions about the care of their loved
ones.”
The legislation requires New Jersey hospitals to report
to DHSS on hospital-acquired infections rates and on
steps the hospitals are taking to control such infections.
It also requires the department to make that information
available on its website to allow consumers to compare
rates across hospitals.
“There is always a risk of infection when receiving
treatment at a hospital, even in New Jersey’s best facilities,”
said Senator Vitale, D-Middlesex and sponsor of the
legislation. “Not only will we empower consumers with
information regarding the infection rates at various
hospitals so that they can make the best decisions regarding
their health care, hospitals will meet established standards
of care thus dramatically lowering these rates.
Every day, patients are at risk of various and serious
hospital acquired infections. This new policy will literally
save lives.”
“Patients have a basic right to know if a local hospital
is an infectious hotspot,” said Assemblywoman Linda
Greenstein (D-Middlesex, Mercer). “No one should fear
that a trip to the hospital could lead to a life-threatening
illness. The secrecy surrounding hospital infection
rates is a disservice to consumers and is harmful to
the reputation of our nationally renowned health care
system.”
“Enhancing the public’s access to infection rates will
further motivate hospitals to enhance their own efforts
to combat infections,” said Assemblyman Paul Moriarty
(D-Gloucester, Camden), another Assembly sponsor. “Ensuring
the timely and accurate public reporting of infection
rates can be a win-win for hospitals and consumers.”
This bill, S-147/A-4328, was sponsored in the Senate
by Senators Connors (R-Atlantic, Burlington, Ocean),
Bucco (R-Morris), and McNamara (R-Bergen, Essex, Passaic).
It was also sponsored in the Assembly by Assembly members
Voss (D-Bergen), Gordon (D-Bergen), Vas (D-Middlesex),
Diegnan (D-Middlesex), and Van Drew (D-Cape May, Atlantic,
Cumberland).
October 2007 - THE BOOK ON DISCLOSURE FOR ONLY $21.95....BULK
DISCOUNTS ARE AVAILABLE TOO! How much would
you expect to pay for a comprehensive "how-to" manual
to develop a disclosure policy and program in your hospital
or insurance company? $125? $75? $50? Try $21.95 – that's
all you will pay for Sorry Works! the book. Better yet,
significant discounts are available for bulk orders.
$21.95 for THE book on disclosure written by the team
of Sorry Works! and Stevens & Lee med-mal defense and
risk management firm. Even better, the text is intentionally
being limited to 100 pages and a CME test is being offered
so even the busiest healthcare professional can read
it and get credit at the same time. Sorry Works! the
book is being priced so everyone can obtain their own
copy. The subject matter is that important. Pre-orders
of the book are being taken today. To pre- order your
copy of the Sorry Works! book today or to inquire about
bulk sales please contact Amy Matthias at ajm@stevenslee.com
or call Doug Wojcieszak at 618-559-8168. The book will
be released in middle November, but pre-order today
so you can be one of the first to own Sorry Works! the
book.
September 2007 - FORMATION OF NJ PHYSICIANS ANNOUNCED:
A new organization, NJ PHYSICIANS,
announced its formation at a press conference
on September 12, 2007 in Trenton. Among those speaking
at the conference were Commissioner of Health & Senior
Services, Fred Jacobs, M.D., and Assembly Majority Leader
Bonnie Watson-Coleman. Dr. Jacobs also read a letter
from Governor Jon Corzine extending a welcome to the
new organization. NJ PHYSICIANS announced plans to “work
with labor, business and industry to collaboratively
find solutions to problems plaguing physicians and their
patients.” Among its cited first priorities NJ PHYSICIANS
has established “The Registry” where members can report
managed care denials which have resulted in injury to
their patients. According to Executive Director, Jay
Hedden, The Registry will be compiled in an effort to
“demonstrate what can happen when physicians are second-guessed
by bureaucrats” and the mission of NJ PHYSICIANS is
“To Give Physicians a Voice and Help them Reclaim their
Rightful Place at the Forefront of Medicine.” For physicians
interested in a Charter membership in NJ PHYSICIANS,
and a list of the benefits available to members, more
detailed information can be found at http://www.njphysicians.com.
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