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Tort “Reform” Hypocrisy Isn’t New, Is It, Rick Santorum?

Posted by Andrew J. Barovick | Mar 08, 2011 | 0 Comments

Here's a look back in time to 2000. It's such a sweet memory, I just had to pass it along.

Subject: Santorum followup
Dave “Doctor” Gonzo's
Off the Radar January 13, 2000 — NEW YORK (AmpolNS) — It's time again to
look at a few stories that somehow slipped under the media radar.
DATELINE: Fairfax County, Pa. — Late last week, Fairfax Circuit Judge Arthur
Vieregg set aside the $350,000 in damages that Karen Santorum, wife of
Pennsylvania Senator Rick Santorum, was awarded in a chiropractic malpractice
suit last month, deeming the amount excessive and stating that he felt the
jury had shown “undo passion [and] sympathy” in awarding the Mrs. Santorum
$350,000 for her back injuries allegedly resulting from negligence by her
chiropractor, Dr. David Dolberg.
Vieregg said that he believed the jury's award — the result of a
determination that chiropractic manipulation by Dolberg caused Mrs. Santorum
to suffer a herniated disc that required surgery — was excessively punitive
and the result of Mrs. Santorum's attorney placing too much emphasis on what
she characterized as Dolberg's inadequate record-keeping.
Mrs. Santorum was originally seeking $500,000 to compensate her for her
injuries; total medical costs related to her back injury totaled
approximately $18,800, and she was seeking compensation for pain, suffering,
and anticipated future medical costs.
Vieregg gave Mrs. Santorum the choice of a reduced award of $175,000 or a new
trial.
And it turns out that Vieregg wasn't the only one questioning the damages
awarded in the case: critics of Senator Santorum questioned the $350,000
judgment in light of Santorum's own position on tort reform, notably his
sponsorship of bills to cap noneconomic damages and attorney's fees and to
require claimants to first seek resolution through a mediator before filing
suit.
Aides to Santorum sniffed at the criticism, saying Rick and Karen “simply
disagree.”
Hey, Rick, you're a Republican! What kind of a GOP family man are you if you
can't get the little lady to “walk the talk?”
‘Nuff said.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.

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REPRESENTATIVE VERDICTS & SETTLEMENTS:

$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.

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