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CCJL Blog

CCJL Blog

Key hearing Tuesday for bill to stop phantom damages

Sunday, March 27, 2011

After clearing the House of Representatives on a bipartisan 37-27 vote, House Bill 1106 (sponsored by Rep. Bob Gardner, R-Colorado Springs, and Sen. Ellen Roberts, R-Durango) is slated for a hearing in the Senate Local Government Committee on Tuesday, March 29, at 2 p.m.

The curious committee assignment, the prerogative of Senate President Brandon Shaffer (D-Longmont), evoked considerable speculation among state capitol observers who debated whether the assignment amounted to a lifeline, a death sentence or a "jump ball" in the five-member committee which does not ordinarily consider bills pertaining to civil law.

For Sen. Roberts, the bill sponsor, Local Government is familiar territory — a committee on which she serves.  The committee is chaired by Sen. Joyce Foster (D-Denver) and also includes vice chair Sen. Jeanne Nicholson (D-Black Hawk), Sen. Irene Aguilar (D-Denver) and Sen. Bill Cadman (R-Colorado Springs).



HB 1106 aims to overturn a controversial, 4-3 decision issued last November by the Colorado Supreme Court that would allow successful plaintiffs to collect damages for medical costs that they never paid and never actually owed — undermining a 1986 statute that sought to prevent plaintiffs from turning a profit from their injuries.

Left untouched, the court's ruling will drive up the cost of health care by pushing up insurance costs for doctors and other health care providers.  Colorado drivers will also see the cost of mandatory liability insurance increase if they must pay far more than the actual cost of medical care for people injured in traffic accidents.

While doctors, hospitals and the business community have lined up in support of HB 1106, trial lawyers and medical lien providers have resorted to spurious arguments in their desperate attempts to defeat the bill.  To correct the record and respond to opponents' distortions, CCJL last week unveiled HB 1106: Fact vs. Myths.
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