Why Replacing the ACA with Med-Mal is an Unconstitutional Assault on Patients’ Rights

Before the ink was even dry on the Supreme Court ruling in the Affordable Care Act (ACA) case, numerous Members of Congress argued repeatedly and publicly to repeal and replace the ACA with a federal medical malpractice proposal that relies on the Commerce Clause for constitutional authority. This legislation would decimate the legal rights of patients injured by negligence, nursing home abuse, or defective drugs and devices and eliminate any incentive improve patient safety.

Texas Health Care Ranked Last By Federal Study

Texas is continually touted as the poster child of how to lower health care cost: enact laws that limit patients’ rights to hold negligent care providers accountable.  Study after study continues to show not only have costs not declined, but the quality of health care in Texas was ranked the lowest in the country by the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality (AHRQ).

BREAKING NEWS: AAJ Response to SCOTUS decision on the Affordable Care Act

 Washington, DC—The following is a statement from the American Association for Justice (AAJ) President Gary M. Paul in response to the U.S. Supreme Court’s decision on the constitutionality of the Affordable Care Act:

“Today’s Supreme Court ruling is a step forward not only in the fight to expand access to healthcare, but also in the fight to protect patients’ access to justice.

AAJ: Protect Consumers From Secretive Forced Arbitration

AAJ filed two sets of comments on a forthcoming study encouraging the Consumer Financial Protection Bureau (CFPB) to fully examine the devastating impact forced arbitration has on the rights of American consumers.

AAJ President Gary M. Paul stated in the comments:

“Corporations’ broad utilization of pre-dispute mandatory arbitration clauses greatly reduces the ability of consumers to enforce their rights and in effect nullifies the protections incorporated in land mark consumer protection laws.”

Bill introduced to restore workers' rights limited by Wal-Mart v. Dukes

Senator Al Franken has introduced a bill, the Equal Employment Opportunity Restoration Act of 2012 (S. 3317), to restore employees’ rights to bring lass-action lawsuits, which were severely limited by a U.S. Supreme court case, Wal-Mart Stores v. Dukes, last June.

Jun 19, 2012 02:53 PM

Blake is one reason to put patient safety first

CNN has recently aired a new special: “25 Shocking Medical Mistakes” as part of the series, The Empowered Patient. The special tells stories of medical errors and explains what patients can do to empower themselves.

In fact, 98,000 people die every year from preventable medical errors, and recent studies have confirmed the problem is only getting worse.

One of the most compelling stories included was that of Blake Fought. See below for more on Blake’s story and watch the CNN clip here:


AAJ Mourns Loss of Philip H. Corboy

We are mourning the loss of a great trial lawyer.  Phil Corboy passed away early Tuesday in Chicago, with his wife Mary Dempsey at his side.  Phil was 87.  No trial lawyer ever fought more ferociously for his clients than Phil.  Over a legendary 50 year career, Phil successfully represented countless victims of medical malpractice and product liability.

He was a member of the American Association for Justice (AAJ) for more than 40 years and served as president of the Illinois Trial Lawyers Association (which awarded him its Lifetime Achievement Award in 1996) and as president of the Chicago Bar Association.  He was AAJ’s Champion of Justice Award winner in 1999.

In 1998, Phil became only the second trial lawyer in history to have a street named for him in Chicago, when Washington Street between Dearborn and Clark was named Philip Corboy Way.  Phil will be deeply missed.

Rep. Ben Quayle on ALEC


Rep. Ben Quayle (R-AZ) claimed at a Judiciary Committee markup of his bill to benefit the asbestos industry – H.R. 4369 – that he “has no idea” what the American Legislative Exchange Council (ALEC) is.

One thing is for sure, he does know what Honeywell is and Honeywell has used front groups like ALEC and the U.S. Chamber of Commerce for years to help it delay justice and deny accountability as it faces over 22,000 asbestos injury claims and billions in asbestos liabilities.