It’s hard to reconcile. Doctors live by an oath so well-known that we can all recite it: “first, do no harm.” Their work through the worst of the pandemic in New York was utterly heroic. Yet when it comes to the activities of leaders and lobbyists who represent the institutions they work for, the opposite is true.
The Greater New York Hospital Association (GNYHA) has historically been one of the most powerful and insidious anti-patient “tort reform” groups in New York State. Run by Ken Raske, GNYHA wastes an enormous amount of its budget on lobbying, politics and PR efforts, offending nearly everyone except – ironically - those who do harm. It is the single largest “hospital and nursing home” contributor to federal candidates in the country, far surpassing any other donor. It’s hold over Governor Andrew Cuomo is legendary, dating back to Cuomo’s first few months in office nearly a decade ago. (More about that here, here, here.)
It may be no surprise that Raske was behind New York’s broad immunity legislation, snuck into law as part of Cuomo’s budget in the early days of the pandemic. Fortunately, lawmakers finally woke up to this troubling law and recently rolled it back. However, taking no hint whatsoever from their own state, which decided that broad immunity was harmful and immoral, GNYHA has now moved on to the entire country. In fact, it seems that Senate Majority Leader Mitch McConnell specifically invited them to add its revolting agenda to McConnell's national corporate immunity bill. Raske’s fingerprints are apparently all over it.
Yet let there be no mistake. If New York’s bill was cruel, this national bill is utterly depraved. For example, in the federal bill, any patient suing for malpractice – including in non-emergency situations – must prove misconduct so extreme as to resemble the crime of reckless homicide. Even if a patient wins, they have no right to non-economic damages at all. And there’s more, ensuring that even the most obvious case of medical malpractice won’t go forward for the next five years.
Helping Raske in DC is Albert Pirro. According to recent reporting,
McConnell’s new legislation reflects the Trump administration’s push for a liability shield at the same time that GNYHA has hired Trump’s former lawyer and prolific GOP fundraiser Albert Pirro Jr. as a Washington lobbyist.
Pirro is a long-time personal friend of the president — their relationship began 30 years ago when Trump hired him as a real estate attorney. He is the ex-husband of Fox News’ Judge Jeanine Pirro and was once sentenced to 29 months in federal prison for tax offenses....
Pirro has only been filing disclosures as a Washington lobbyist since 2017, when Trump became president. GNYHA — which is one of only three Pirro lobbying clients in Washington — has paid Pirro’s firm nearly $2.3 million since hiring him in 2017.
So, somehow GNYHA found $2.3 to pay a lobbyist, while at the same time pushing legislation to eliminate all non-economic compensation to every child catastrophically-injured by medical malpractice, anywhere in the nation.
The following is a transcript obtained from a confidential source of a Zoom meeting held 2 p.m. on July 26, 2020, hosted by Senate Majority Leader “Don Mitch” McConnell.
Don Mitch: As you know, this is our regular weekly meeting of the five families charged with writing the "Freedom to Kill Workers, Consumers, Students and Elderly Act." While I do miss getting together at our old joint, the back room of the Swamp Restaurant Supply company, today we'll have to Zoom it because I have some important news to tell you about. We finally have a bill!
First, introductions. You all know me, Don Mitch. I’m here with my underboss, Johnny “Tex” Cornyn, whose name goes on everything we do here, so figured it was important to bring him along.
I see Pauly “Corporate Felony” Rhodes, from the U.S. Chamber of Commerce.
Also, Joey “Kill Grandma” Montgomery, representing the nursing home industry.
Louie “Hydroxychloroquine” Chadwick, on behalf of Big Pharma.
And Al “Screw All Businesses” Huntington, from the property/casualty insurance industry. Looks like we are all here.
Also joining us today is Baby “Agent Orange” Bleach, who is observing for the White House. Unless there is some objection … welcome Agent Orange. Just a word of caution about what you say here. We know Rudy’s your friend but remember this is the same guy who ran the SDNY back in the 1980s when he took down our mentors with those RICO charges. Don’t know if I trust that guy. No leaks, please.
(No response)
Kill Grandma: We are all grateful to Don Mitch for calling this meeting.
Don Mitch: Thank you Kill Grandma. Also a few other thank you’s are in order. I want to thank Corporate Felony in particular for your loyalty and hard work. Your organization, the U.S. Chamber of Commerce, which has been in my ear nonstop since this all started, has proven not only to be a great Consigliere but also a fabulous bagman! You’ve got some great earners in your organization. Your shakedown of politicians around the nation has been something to behold.
Corporate Felony: Thank you Don Mitch. You inspire me every day.
Don Mitch: I also want to give a particular shout-out to “Screw All Businesses.” The insurance industry has been an unsung hero in all this. Your ability to escape your responsibility for paying virus-related claims and then scaring small businesses to death by threatening never to cover them – all while hitting them with rate hikes! This has been a model for us all. A true North Star. We will follow you anywhere.
Screw All Businesses: I am honored and grateful that you have included me in this effort, Don Mitch.
Don Mitch: So let’s get down to it. As I mentioned, we have a bill. Now I’m not going to read all 65 pages of it. Gotta be nuts to do that. But rest assured, it’s got all of our top priorities so let’s review:
Most importantly, we have a bill that allows you to get away with murder, which I know is an important goal for all of you. Let me explain.
First, you don’t have to comply with any real safety standards to get immunity under this bill. You get immunity for following the weakest possible standards or guidance that you can find at any level– even if the standards say you don’t have to do anything. Plus here’s the really great part: you get immunity just for saying you “tried” to comply with it instead of actually making a workplace safe. On top of that, the only cases that can go forward are cases involving things like “gross negligence,” which we have defined to basically resemble second degree murder. Who’s gonna be able to prove that? After all, you're the experts at covering your tracks when someone’s whacked. You’ll be fine.
Second, even on the off-chance that some sick and dying worker, consumer, student or elderly patient actually does bring a case, they will face evidentiary burdens that are basically insurmountable. Just to file a case, they will need to allege information with such specificity that we are pretty sure no claim will ever be filed.
Third, even if they go through all of that and win a case, they’ll get almost nothing. Non-economic damages are not just capped (like we’ve always wanted) – their completely gone! We’ve eliminated them. After that, whatever they get is cut even further by things like health insurance.
Fourth, all state liability laws that have blocked your ability to move forward with your dangerous and unsafe plans are wiped out And we’ve forced all these cases into federal court where, of course, they have absolutely no business being, and which we’ve been packing with our own judges!
Now, we are going to have to change the name from our working title, the "Freedom to Kill Workers, Consumers, Students and Elderly Act." Let’s do something both amusing and confusing. How about the ‘‘SAFE TO WORK Act?" We'll come up with some mumbo jumbo to fit the acronym. Any objections? Hearing none, the ‘‘SAFE TO WORK Act" it is!
Agent Orange: Don Mitch, I just want to make sure that all the lawsuits brought by my Boss, Don Don, aren’t harmed by this bill, and that he can still sue the pants off anyone he doesn’t like. He has a lot of those goin’.
Don Mitch: No worries. He’s completely protected, as always.
Hydroxychloroquine: I don’t know. The Democrats in Congress have called this - and actually all of your ideas – a non-starter. Is it really?
Don Mitch: Well I don’t know who they think they are. But we’re going to the mattresses on this boys. Finally we have gotten our chance to take complete control of the civil justice system. I want to thank whoever’s responsible for this pandemic. Take that message to your boss, Agent Orange. We could not be more grateful.
And remember, if we are ever pinched for what we did here, just lie. Tex, can you be sure to delete this recording before anyone tweets about it.
Here’s a little ditty in honor of (and with apologies to!) the brilliant Lin-Manuel Miranda’s Cabinet Battle #2 from Hamilton, which of course, everyone can now catch on Disney Plus!
Our inspiration? Yesterday's Wall Street Journalarticle outlining how Senator Mitch McConnell plans to try to hold hostage desperately needed federal funds by demanding brutal limits on the legal rights of all Americans. His ideas include legal immunity for bad actors whose workplaces are unsafe, massive federal “tort reform” like caps on damages and other limits on the power of local juries, and dumping all injury and medical malpractice cases into federal courts – the very courts he is now furiously packing with extremist right-wing judges. Oh, and it's retroactive to the 1918 Spanish flu. (Only kidding - just to last December!)
Our rap battle is between James Madison, who wrote the Bill of Rights when he was in the U.S. House (he later became President), and current Senate Majority Leader Mitch McConnell, who apparently couldn’t care less about the U.S. Constitution or the American public.
Secretary Alexander Hamilton presiding:
The issue on the table, whether unsafe businesses should be accountable during a pandemic And do we reward bad actors, it seems academic That we should stay out of it and instead protect workers and consumers The decision on this matter IS subject to congressional approval But you must get the nation to concur President Madison, you have the floor, sir
President James Madison:
When we drafted the Constitution, when we were writing it We promised Americans the Seventh Amendment The right to civil jury trial, which Someone now you want to destroy Mitch We expected future Senators like you to Protect this right instead of what you wanna do To make dangerous Big Businesses unaccountable And make barriers to the courthouse practically insurmountable
Stand with the people who are suffering through this pandemic I know the U.S. Chamber is in your ear and Driven by greed want to strip people’s rights I'll remind you that they are not elected leaders They know nothing of empathy For the American people, their mountains of money, fraudulent supremacy Concern for the public, their detested members don’t have any Everything they do betrays the ideals of our nation Ooh Hey, and if ya don't know, now ya know, Mr. Hamilton
Hamilton:
Thank you, President Madison Senator McConnell, your response
McConnell:
You must be out of your Goddamn mind if you think I’m going to do one thing to anger my amoral friends They paved my way into the Senate A corrupt game, and I get the credit What’s good for the U.S. Chamber is good for me So for unsafe businesses and industries, immunity Who cares about workers and consumers low on money They’re unimportant to the nation’s recovery. Until we comply with the Chamber’s demands, I’m holding the nation hostage, Congress do as I command!
Hamilton:
Enough, Madison is right. The nation’s too ill to start this kind of fight We need to protect people and the Constitution both I seem to recall that we all took an oath The people need confidence That bad actors will be accountable And that being forced back to work Won’t make their life struggles compoundable It's a little disquieting you would let corporations blind you to reality Mitch
McConnell: Sir
Madison:
Draft a bill that helps the public Did you forget your duty?
McConnell: What
Madison: It’s not about cruelty You accumulate power while the nation’s infectious And in our hour of need, you’re nothing but reckless Someone oughta remind you
McConnell: What
Madison: You're nothing without the U.S. Chamber behind you Mitch Their lobbyists are calling
All opinions expressed on this blog are those of the authors only. Any disputes should be addressed to the authors or commentators. The Pop Tort invites comment to further the debate on issues addressed, but we reserve the right to deny or remove any post or comment.
