What Can We Learn from Wisconsin?

Wisconsin Republican governor, Scott Walker, took office on January 3, 2011.  Within days, he proposed a "job creation" agenda to the state legislature.  It included many "tort reform" schemes which had the ultimate detrimental effects of decreasing Wisconsin citizens' access to the civil justice system, inhibiting one's ability to receive adequate compensation for injuries, and allowing corporations to avoid accountability when they harmed consumers.   The legislation, which was signed into law on January 27, 2011, included such items as: 1) a $750,000 cap on noneconomic damages in cases arising from nursing home neglect; 2) a $200,000 cap, or twice the amount of compensatory damages (whichever is greater) on punitive damages recoverable in civil claims; 3) revised rules regarding strict products liability claims; and 4) adopted the federal Daubert reliability standard for expert testimony in place of Wisconsin's "relevancy test" which allowed cross-examination of experts for the purpose of testing credibility and reliability. 

Unfortunately, the most severely injured Wisconsin citizens will discover that this legislation has  curtailed their ability to receive much-needed lifelong care.  In addition, because nursing home negligence litigation can be so costly, the cap on noneconomic damages will make it more difficult for patients injured in nursing home facilties (and their families) to find legal representation. 

In his campaign for governor, Walker claimed he would create 250,000 new jobs through this job creation legislation, which included the above items of "tort reform."  Walker's agenda failed.  During his first year in office, Wisconsin ranked last in job creation among all the states, and according to statistics from September, 2012, he has only created an estimated 27,311 jobs.  Opponents were so adament about Walker's failures, that a recall election was held which Walker narrowly won and was allowed to keep his seat as governor. 

The evidence is clear:  The Walker "job creation" legislation, fueled by "tort reform" agendas, stripped away the rights of Wisconsin residents who were injured due to corporate negligence.  Hopefully, a lesson has been learned:  restricting the rights of residents to seek reasonable redress in civil courts is not the path to economic prosperity.