NASHVILLE, Tenn. - Governor Bill Haslam's tort reform bill (HB1993/SB2001) has passed the key Senate Judiciary Committee and will now go on to the House and the floor of the Senate. The bill sets arbitrary caps on damage awards.

But opponents say the panel only got half the truth and the measure, in effect, values a Tennessean's life at only $750,000. Supporters of the bill pointed to "big verdicts" in some tort cases as a justification.

Phillip Miller, president of the Tennessee Association for Justice, says the Senate panel was fed information about cases such as one involving a jury award of $34 million for what was referred to as "just a broken hip." But Miller says what the panel didn't hear were the details of the 16 months of abuse, untreated pain, and the eventual death of an elderly man. Miller says the case wasn't about money, but about what happened to a loved one.

"And when the jury returned this verdict, what they were trying to do and what they wanted to do, was to send a message that this is so outrageous that the only way we can make this corporation understand how bad this is, is to return a big verdict, and that's what they did."

Miller says this bill, which would impose an arbitrary cap of three-quarters-of-a-million dollars on damages a jury may award for pain, would also take away the power of juries.

Miller says it's hard to put a price tag on what is lost if a loved one is hurt or killed.

"This bill says, 'Well, you can get their lost wages and for everything else, all the important stuff like not having someone to walk you down the aisle, not having someone to talk to when you break up with your boyfriend, all that other stuff, the stuff that's really important, that's worth $750,000.'"

Miller says the bill includes caps for non-economic damages and gives a jury very limited power in punishing a company that has acted irresponsibly.

Supporters of the bill say it fixes a flaw in the Tennessee civil justice system that puts the state at a competitive disadvantage for attracting new businesses and jobs.

Miller says there's no problem with runaway jury verdicts, adding that the system isn't broken and doesn't need to be fixed. He says the average verdict in the state is $400,000.


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Sweeping legislation approved by Congress is designed to address a range of issues, including climate change and deficit reductions. Other components tackle skyrocketing medication costs, and Wisconsin advocates say older residents will see benefits.

The Inflation Reduction Act, which cleared its final Congressional hurdle last week, allows Medicare to negotiate for prescription drug prices, while capping out-of-pocket costs for beneficiaries at two-thousand dollars each year.

Lisa Lamkins, advocacy director for AARP Wisconsin, said it will bring relief to individuals around the state.

"We hear everyday stories from our members about the measures that they are taking to try to stay alive when they cannot afford the cost of their drugs," said Lamkins, "folks who skipped doses or cut their pills in half."

She said it's important to know this can help with drugs seniors take on a long-term basis to address chronic health conditions.

The provisions saw heavy resistance from the pharmaceutical industry groups, who argue it will result in unintended consequences, such as a decline in drug innovation.

But Lamkins contended the industry is focused on maintaining the status-quo, while noting the concerns about innovation are overblown.

"The Congressional Budget Office, and they're the sort of nonpartisan scorekeeper of legislation," said Lamkins, "has estimated that only two fewer drugs out of an estimated 400 drugs that would come out over the market in the next 10 years. There would only be two less drugs."

Some elements will take effect next year, including caps on insulin co-pays for Medicare recipients, as well as no-cost vaccines for certain diseases. Other provisions will be phased in or need to be sorted out in the next few years.

Either way, Lamkins said she feels like advocates have taken a major step.

"For the first time we are actually on the cusp of delivering real relief to people," said Lamkins.

Last year, Americans reported losing a record-breaking $5.8 billion to scams, and now, the State of California and AARP are teaming up to try to bring the number down.

A four-part web series on consumer fraud protection debuts today at noon and runs every Wednesday through the end of the month.

Sally Westlake, targeted outreach specialist for the California Department of Financial Protection and Innovation, pointed out so-called romance scams affect thousands of people.

"The most recent report by the FBI said last year, over 3,000 Californians fell victim to online romance scams, losing a total of nearly $184 million," Westlake reported. "The most vulnerable to fall victim to romance scams are people over the age of 60."

The first Scam Chat webinar will cover the most prevalent types of fraud in California right now. The other three in the series will cover home improvement and solar schemes, investment fraud, and financial empowerment.

Jackie Wiley, also a targeted outreach specialist for the California Department of Financial Protection and Innovation, said people should be suspicious when a person calls or emails, claiming to work with a financial institution, or a law enforcement or government agency.

"It could be a utility company, telling you that your bill is delinquent. It could be 'the IRS.' It could be someone saying you missed jury duty," Wiley outlined.

Wiley added it is always a big red flag if a caller or email asks for payment via cryptocurrency or gift card. You can report scams to the Federal Trade Commission or to the Department of Financial Protection and Innovation call center.

Support for this reporting was provided by Lumina Foundation.

Maryland is joining a nationwide effort to crack down on illegal robocalls.

Along with attorneys general from every other state, Maryland's Brian Frosh is joining the Anti-Robocall Litigation Task Force. It will investigate and take legal action against the telecommunication companies turning a blind eye and profiting from illegal robocalls coming into the U.S.

Jen Holtz, associate state director for outreach for AARP Maryland, said it is a great step forward in its partnership with the Attorney General's office to prevent the financial exploitation of older adults.

"In working with Attorney General Frosh in some of these activities that we've sponsored with him, the issue of robocalls comes up multiple times, every single time," Holtz pointed out. "We know it's top of mind for the public."

Common scam calls are against older adults related to Social Security and Amazon scams against consumers. Americans lost nearly $30 billion through fraudulent calls in 2021, according to the National Consumer Law Center. And last month alone, roughly 71 million robocalls were placed in Maryland, which averages more than eight calls per person.

Holtz encouraged consumers to take precautions to avoid becoming the victim of a scam call by hanging up on illegal robocalls, verifying the caller if they claim to be from an agency or organization, and exploring free and low-cost call-blocking options. And she emphasized it is important to stay vigilant.

"They're criminals, they're not following the rules, they're not abiding by the law," Holtz stressed. "They don't care whether you're on that list. So if you're on those Do Not Call Lists, and you're getting that call anyway, it's probably not a legitimate call."

She added education is the best form of prevention, and AARP's fraudwatchnetwork.org provides up-to-date information on the latest tactics used by scammers and offers tips to avoid becoming the victim of fraud.