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STEVE BOUSQUETRep. Connie Mack wants to see a cap of $75,000 in personal injury or malpractice cases added to the state Constitution.
TALLAHASSEE - The Florida Legislature will soon consider restricting medical malpractice lawsuits. But one lawmaker doesn't want to wait.
Rep. Connie Mack, R-Fort Lauderdale, says he will lead a statewide petition drive to limit attorney fees to $75,000 in personal injury or malpractice cases. The fee cap could join smaller class sizes, smoke-free workplaces and the bullet train in the state Constitution.
"Jury awards are intended to help victims - not make greedy, irresponsible and sometimes corrupt lawyers wealthier," Mack said.
The son of former U.S. Sen. Connie Mack stood at a podium Wednesday next to a logo of a circle with a slash across the words "greedy trial lawyers."
Mack, 35, heads the newly created Victims Compensation Coalition, a political action committee that will collect money and signatures to place the issue on the November 2004 ballot. That will require nearly 500,000 signatures and a favorable review of the ballot language by the Florida Supreme Court, a hurdle that is sometimes hard to overcome.
More than 20 other states are considering proposals to limit personal injury lawsuits or damages for pain and suffering, according to the New York Times. Gov. Jeb Bush has summoned lawmakers to a special session June 16 to deal with rising malpractice premiums that have prompted some doctors to temporarily close their practices of work without insurance.
Mack's proposal would require that 70 percent of the first $250,000 in damages go to the victim, leaving $75,000 for lawyers, regardless of the number of defendants. The cap would apply to cases in which a lawyer's fee is a percentage of a legal judgment.
In announcing the coalition, Mack was flanked by Sandra Mortham, a lobbyist for the FMA, and Tom Frazier, a South Florida man victimized by a lawyer who kept the damages from a settlement with an asbestos manufacturer.
The lawyer has been suspended.
"I called him once a month and just talked to the secretary, and she kept giving me funny answers," Frazier said. "I didn't know what to do."
Frazier, 64, lives in a warehouse in Hollywood. Mack said he wanted Frazier at the news conference to "put a face" on the issue.
Frank Petosa, a trial lawyer in Boca Raton, said Mack's effort is part of a broader national strategy by hospitals, doctors and insurers to "twist" the legal system so corporations have more power over lawyers and consumers.
"He's getting all the doctors, hospitals and insurance companies, who are out to protect corporate America to the detriment of the citizens of our state," Petosa said.
Petosa said contingency fee cases can languish in the courts for years, with lawyers paying for expert witnesses, travel and other costs with no guarantee of a successful outcome and a fee. He said that in personal injury cases, the corporation on trial can afford a top-flight legal team.
"You're going to take away the keys to the courthouse that a majority of our citizens have today," said Petosa, a board member of the Academy of Florida Trial Lawyers. "The majority of people in our state would never be able to receive compensation."
One of the first groups to support Mack's venture is the Florida Medical Association, a statewide lobby group for doctors.
The coalition has an office in Fort Lauderdale and a color brochure prominently featuring Mack's picture, news releases, business cards and a CD-ROM. But Mack declined to say who's providing early financial support.
With his well-known name and interest in high-profile issues, Mack is viewed as having political ambitions far beyond the state House of Representatives. But he insisted that a campaign aimed at "greedy trial lawyers" is not about him.
"This is about victims. The victims deserve their fair share," Mack said.
Mack said a "crisis" is hurting Florida victims. But the only evidence he provided was a Miami Herald article about Frazier getting no damages while his lawyer lived in a $7.5-million mansion on Key Biscayne. When Mack read the story, he said, he asked Frazier to join his cause.
- Times researcher Deirdre Morrow contributed to this report.