According to Forbes. the Supreme Court of Oklahoma struck down a tort reform package the Oklahoma legislature passed in 2009. The single law included numerous tort reform provisions, including a cap on non-economic damages and the requirement that an expert affidavit be filed with the petition in certain negligence cases.
The Supreme Court ruled that the law violated a constitutional requirement that a bill deal with a single subject. The purpose of the law is to prevent a lawmaker from adding provisions to a bill that a lawmaker would feel log-rolled into agreeing with, in order to pass the provisions of the bill the lawmaker agrees with.
This news comes just days after a report out of Tulsa, by KJRH, that two more of Dr. Scott Harrington’s patients have tested positive for hepatitis. If you have not previously seen the reports, Dr. Harrington is a dentist in Oklahoma who infected 80 patients with HIV and hepatitis, by using unsanitary conditions, including the use of dirty needles on patients. The doctor is protected by damage caps the Oklahoma legislature put on these types of negligence cases. The nearly 7,000 patients the doctor treated and the untold number of people infected by his horrible practices (negligent acts), are not able to obtain full redress for their injuries because of what the Oklahoma legislature has done.
The action of the Oklahoma Supreme Court, in striking down this onerous law, is a positive step in the right direction for the people of Oklahoma.