Tort reform veto draws GOP efforts for override

JEFFERSON CITY, Mo. -- After vetoing legislation Tuesday that would overhaul Missouri's civil justice system, Gov. Bob Holden urged the Republican-led Missouri Legislature to quickly pass a scaled-back bill that would focus on providing relief to doctors being squeezed by rising medical malpractice premium costs.

Republican leaders said insufficient time remains to pass another bill on the complex and controversial subject. Lawmakers vowed to attempt to override Holden's veto before they adjourn for the year on May 14, although they acknowledged overruling the governor would prove difficult.

While supporting certain specific legal protections for doctors, Holden said he couldn't accept provisions of the bill that would have made it more difficult to sue and collect damages from corporate defendants. Holden vetoed similar legislation last year, which he said should have provided fair warning to Republicans as to his position. Lawmakers should have known the bill contained "enough poison pills in it that I couldn't sign it," Holden said.

In particular, Holden opposes broad changes that would restrict where cases could be filed and limit the financial liability of individual defendants in tort cases involving multiple parties. A tort is a wrongful act that causes injury.

State Rep. Richard Byrd, the bill's sponsor, said Republicans sought the governor's input in February and never received feedback on what provisions the governor would accept until Holden's veto message.

"The governor, unfortunately, never came to the table," said Byrd, R-Kirkwood. "I wish he had."

Holden said lawmakers should pass legislation that would prevent insurance companies from imposing large medical malpractice premium increases on doctors and incorporate some of the malpractice-only provisions included in Byrd's bill.

"At a time when insurance profits are at record levels, it is beyond me why the legislature would fail to include meaningful insurance reform," Holden said.

A companion bill sponsored by Byrd that would cap growth of malpractice premiums is pending in the Senate. However, it contains a provision that would prevent it from taking effect if the tort bill fails to become law. Byrd said he is unwilling to drop that section to put leverage on lawmakers to support the tort bill.

"I don't want to provide anyone an incentive to not override the veto on the lawsuit limits bill," Byrd said.

Since the tort measure originated in the House, that is where an override attempt must begin. The House gave final passage of the measure on a 93-61 vote, leaving supporters well short of the 109 votes needed for override.

In order to be successful, Republicans will need to convince a number of Democrats who previously opposed the bill to defect from their party on the issue. House Speaker Catherine Hanaway, R-Warson Woods, said it will take a few days to try to build the necessary support.

"It's going to be difficult to find those votes, but we are going to work very hard to find those votes," Hanaway said. "This is a for-real crisis for patients and doctors in this state."

Despite being a doctor, state Rep. Terry Swinger, D-Caruthersville, voted against tort reform and plans to hold his position.

"It is obviously a problem caused by insurance companies, and the insurance part needs to be addressed," said Swinger, an optometrist. "In states where they did tort reform only, it did not decrease insurance premiums."

The bill is HB 1305.

mpowers@semissourian.com

(573) 635-4608

Highlights of Tuesday's activity at the Missouri Legislature:

The House gave first-round approval to a bill that could force women to travel farther to get an abortion and also allow lawsuits against people who help a minor get an abortion without parental consent.

House and Senate negotiators tentatively approved a flat $1,200 pay raise for almost all state employees, but reached an impasse on other budget issues.

Also:

The Senate gave final approval to a bill that would reclassify performance standards for the standardized Missouri Assessment Program tests, to bring them in line with those used in other states.

The Senate debated a bill intended to reduce waste and abuse in the Medicaid health-care program for poor, elderly and disabled Missourians.

Holden spoke to about 1,000 people at a union-organized rally at the Capitol and urged them to vote Democratic in this fall's elections.