U.S. Sen. Rand Paul, R-Ky., talks with his attorney Tom Kerrick Tuesday, Jan. 29, 2019, during the second day of a civil trial involving Paul and his neighbor Rene Boucher in Warren Circuit Court in Bowling Green, Ky.(Photo: Bac Totrong, AP)
Whew, buddy.
Im betting Rand Paul has never been happier to have Democrats around than he was Wednesday afternoon.
Thats when a jury in Bowling Green ordered his neighbor and archenemy to pay him $580,000 for the blindside tackle that broke six of his ribs and collapsed his lung.
If not for those litigious, leftist, liberal lawmakers who have for years kept Kentucky from passing legislation that would limit how much money peoplecan collect when theysue somebody, Rene Boucher might owe Paula heck of a lot less.
Paul, the junior senator from Kentucky and an eye surgeon, has long favored laws that limit how much a jury can award peoplein noneconomic damages.
Doctors seem to like these laws because, well, if they make a bad mistake, such laws can save them and their insurance companies a lot of money. And I mean a lot.
Background: Rand Paul awarded more than $580,000 in trial after neighbor's attack
If a doctor messes up and does something that leaves you badly injured like if an eye doctor slips and blinds you with a laser these laws limit what you could recover in punitive damages and damages for pain and suffering.
A lot of states cap those noneconomic damages at $250,000, which in the whole scheme of things, isnt that much. Some of the caps apply only to medical malpractice cases, but some states cap other types of lawsuits.
Were sorry Mr. Johnson, but Dr. Smith was drunk when he tried to repair the hole in your sons heart. Heres $250,000 to say were sorry and another $25,000 to bury him.
While no amount of money could ever replace ones child, it seems just wrong to cap awards like that.
On some level, you haveto think Paul would agree.
He sued Boucher for $1.5 million in noneconomic damages plus the $7,834 he rang up in medicalfees.
Kelsey Cooper, Paul's spokeswoman, said in an email that the sorts of reforms Paul supports wouldn't affect cases like his.
"The Senator, as a physician is supportive of MEDICAL tort reform, not stopping the restitution from and punishment of violent criminals. To confound the two would be inaccurate," she wrote.
Read this: Rand Paul spends majority of PAC money on travel, food and drink
Not to make light of Pauls injuries I cant imagine there are too many things more painful than broken ribs that ache every time you turn or laugh or even roll over in bed but there are a lot of people with more significant injuriesand many who have lost loved oneswho would argue their suffering is worth at least as much as his.
If Kentucky had a law with a $250,000 limit, the most Paul could hope to collect would be $257,834. Without the law, he stands to collect $582,834 including $375,000 in punitive damages and $200,000 for pain and suffering.
When the General Assembly resumes next week, it could take up Senate Bill 11, which was filed by state Sen. Ralph Alvarado. It is a constitutional amendment that would allow the state legislature to limit jury awards in Kentucky.
The legislation, as filed, doesn't specify what jury awards could be limited. That would be left up to future legislatures.
Proponents of such laws claim they significantly reduce health care costs, but a 2014 study published by the Journal of the American Medical Association found that is not true.
Alvarado, who Gov. Matt Bevin has tapped as his new running mate, is a doctor. So, you can understand why he would want such legislation to pass. It could one day save him a lot of money.
See also: Rand Paul says the free market pushed him to Canada for surgery
In the past, Paul has said repeatedly that state limits on jury verdicts throughout the country should be part of the plan to replace Obamacare.
He really ought to explain why he thinks his neighbor should pay him more than half a million dollars while he favors legislation that could mean your doctor would pay you much less if he or she makes a terrible mistake.
For now, at least, we can only assume that Paul will quietly thank heavenfor Kentucky Democrats while he laughs all the way to the bank.
And laughing shouldnt hurt that badly because those ribs are surelyhealed by now.
Joseph Gerth's opinion column runs on most Sundays and at various times throughout the week. He can be reached at 502-582-4702 or by email at jgerth@courierjournal.com. Support strong local journalism by subscribing today:courier-journal.com/josephg.
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Rand Paul thinks you shouldn't win big like he did in court