President Bush believes a $250,000 cap on medical malpractice awards for the pain and suffering associated with doctors' errors will help curtail spiraling health-care costs.
But since he unveiled his prescription for tort reform, critics have been lining up, especially women, who say caps on jury awards will result in gender discrimination in malpractice cases and might end up keeping defective and dangerous drugs and medical devices made for women in the marketplace. Bush's proposal "is very unfair and it specifically targets women, particularly in regard to malpractice and medical devices," said Joanne Doroshow, executive director of the Center for Justice and Democracy, a national consumer group based in New York.
"There are medical products that have been made especially for women that have only been taken off the market as a result of lawsuits," she added.
As examples, Doroshow cited:
- IUDs such as the Dalkon Shield and the Copper-7, which caused injuries and infertility.
- DES, an anti-miscarriage drug that caused birth defects and cancers.
- Super-absorbent tampons that caused toxic shock syndrome, which resulted in deaths and disabilities.
- Silicone breast implants that ruptured and leaked, leading to life-threatening injuries.
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