The NJSBA has significant concerns with S3343 (Sacco) and submits the attached remarks urging reconsideration of the measure. The bill establishes a cap on the recovery of compensatory damages and limits contingency fees in medical malpractice cases, and addresses period payment of damages and benevolent gesture liability. It has the potential to block the ability of victims of medical malpractice from obtaining redress for, in some cases, life-changing and catastrophic injuries. The bill sets an arbitrary cap on noneconomic damages; ignores existing laws designed to encourage voluntary disclosures by creating new privileges for certain documents; disincentivizes practitioners from litigating matters that are arguably among the most costly cases to try; and seeks to address contingency fees, which are constitutionally governed by the Supreme Court and are addressed in the Rules of Professional Conduct.
For these reasons, and as more fully explained in the attached remarks, the NJSBA urges you to vote no on S3343.