2647E2995871DE5287258AFB0080FC88 Hearing Summary

Senators Mullica and Will. co-prime sponsors,  presented Senate Bill 24-130, concerning raising the limitation on noneconomic damages in medical malpractice actions. 

Committee members asked questions about the history of the cap on noneconomic damages, rates, and inflation.

A fact sheet from Coloradans Protecting Patient Access is found in Attachment D.

Dr. Gerald Zarlengo, representing COPIC, testified in support of the bill.

Ms. Kendra Beckwith, representing Coloradans Protecting Patient Access, testified in support of the bill.

Ian Cummins, representing themself, testified in support of the bill.

Jandel Allen-Davis, representing Craig Hospital, testified in support of the bill.

Committee members asked questions about the cap and related insurance costs.  Further questions were raised about how other states handle noneconomic damages for medical malpractice claims. 

Jim Puga, representing themself, testified in opposition to the bill.

Charlie Price, representing themself, testified in opposition to the bill.

Erica Murphy Brown, representing themself, testified in opposition to the bill.

Thomas Scherrer, representing themself, testified in opposition to the bill.

Srujan Kurumella, representing themself, testified in opposition to the bill.

Committee members asked questions about raising the cap, as proposed in the bill. Discussion followed about litigation costs and legal representation. 

Dr. Grace Holub, representing themself, testified in support of the bill.

Dr. Julie Mahoney, representing themself, testified in support of the bill.

Dr. Catrina Bubier, representing themself, testified in support of the bill.

Dana Waldbaum, representing themself, testified in support of the bill.

Dr. Omar Mubarak, representing CMS, testified in support of the bill.

Committee members asked about how the $500,00 cap, as proposed in the bill, was agreed upon, as well as an appropriate amount for damages. Committee discussion followed about states without caps, factors to consider when choosing a state to practice medicine, and physician retention.  Questions were raised about medical errors and repeat events. 

Further discussion ensued about cases rising to the level of medical malpractice.

Kendra Johnson, representing themself, testified in opposition to the bill.

Valerie Krumholz, representing themself, testified in opposition to the bill.

Megan Matthews, representing themself, testified in opposition to the bill.

Ms. Patrice Light, representing themself, testified in opposition to the bill.

Shannen Collier, representing themself, testified in opposition to the bill.

Kelly Erb Zager, representing Colorado Rural Health Center, testified in support of the bill.

Dr. Carol Cox, representing Swan Mountain Women's and Family Clinic, testified in support of the bill.

Mr. Rich Cimino, representing Grand County, testified in support of the bill.

Ms. Konnie Martin, representing San Luis Valley Health, testified in support of the bill.

Panelists responded to issues raised by the bill's opponents. 

Mr. Luke Schumm, representing themself, testified in opposition to the bill.

Lorraine Parker, representing herself, testified in opposition to the bill.

Jennifer Pressley, representing themself, testified in opposition to the bill.

Stacey Gustafson, representing themself, testified in opposition to the bill.

Mr. Mike Owens, representing themself, testified in opposition to the bill.

Dr. Amanda Blalock, representing themself, testified in opposition to the bill.

Questions arose from committee members about attempts to pursue medical malpractice cases in court.

Dr. David Forstein, representing Rocky Vista University, testified in support of the bill.

Beth Longenecker, representing themself, testified in support of the bill.

Mr. Olumide Fajolu, representing themself, testified in support of the bill.

Mr. Robert McFarling, representing themself, testified in support of the bill.

Andy Bolin, representing themself, testified in support of the bill.

Mr. Jim Burt, representing themself, testified in opposition to the bill.

Emily Burt, representing themself, testified in opposition to the bill.

Mr. JT Allen, representing themself, testified in opposition to the bill.

Testimony from Victor Bernard was read into the record.

Rachel Beck, representing Colorado Competitive Council, testified in support of the bill.

Chris Romer, representing Vail Valley Partnership, testified in support of the bill.

Ms. Drea Modugno, representing Denver Metro Chamber of Commerce, testified in support of the bill.

The committee asked questions about economic interests and balancing those with issues raised by the claimants.

Heidi Patchet, representing themself, testified in opposition to the bill.

Joyce Bohm, representing themself, testified in opposition to the bill.

Cathy Vigil, representing themself, testified in opposition to the bill.

Brendan Richards, representing themself, testified in opposition to the bill.

Brian Aleinikoff, representing themself, testified in opposition to the bill.

Committee members asked questions about medical malpractice claims.

Alexander Wilschke, representing themself, testified in opposition to the bill.

Cindy Waller, representing themself, testified in opposition to the bill.

Amber Lemley, representing themself, testified in opposition to the bill.

Kim Dalla, representing themself, testified in opposition to the bill.

Ned Deakins, representing themself, testified in opposition to the bill.

Shannon Rickman, representing themself, testified in opposition to the bill.

Ms. Robyn Levin, representing themself, testified in opposition to the bill.

Committee members asked questions about attorney hesitancy to take cases with noneconomic damages caps.

Mr. Don Brown, representing themself, testified in opposition to the bill.

Kylie Brown, representing themself, testified in opposition to the bill.

Mr. Mark Reinhart, representing themself, testified in opposition to the bill.

David Woodruff, representing themself, testified in opposition to the bill.

Craig Atkins, representing Colorado Association of Nurse Anesthetists, testified in support of the bill.

Mr. Scott Kenyon, representing The Women's Clinic of Northern Colorado, testified in support of the bill.

Dr. Brad Stern, representing themself, testified in support of the bill.

Ms. Brittany Dixon, representing Club 20, testified in support of the bill.

Ms. Amy Cardone, representing Colorado Medical Society, testified in support of the bill.

Committee discussion continued about insurance rates in other states.  Committee members asked questions about how the $500,000 cap was agreed upon by stakeholders, as outlined in the bill. 

Written testimony about the bill may be accessed in Attachment E.

The bill sponsors had no amendments. Senator Gonzales distributed and explained Amendment L.005 (Attachment F) to increase the cap tenfold over a five year period. 

The bill sponsors expressed concerns about the proposed amendment. 

The bill sponsors and committee members made closing comments.