Santorum promotes judicial reform, benefits from system

November 16, 2011

By Hannah Hess | IowaPoltics.com

CLINTON — Reforming the courts and reigning in judicial power rank high on former Pennsylvania U.S. Sen Rick Santorum‘s list of priorities for his administration, though he has benefited from the current legal system.

During a stop here Wednesday, Santorum, who is campaigning for the 2012 GOP presidential nomination, said disproportionate awards in malpractice lawsuits drive up the cost of health care and force doctors to practice “defensive medicine.”

He said he supports capping damages awarded for pain and suffering at $250,000, because rewards are based on a subjective evaluation that can be biased by sympathy.

In 1999, Santorum testified on behalf of his wife, Karen, when she sought $500,000 against a Virginia chiropractor, charging negligence that caused her permanent back pain.

A Fairfax County Circuit Court jury unanimously ruled in Karen Santorum’s favor, awarding her $350,000 to compensate for “permanent back pain” and “permanent numbness” in one leg, according to the Pittsburgh Post-Gazette.

When asked by IowaPolitics.com whether his stance and personal history conflict, the Republican presidential candidate said no.

Karen Santorum sued “not for pain and suffering, which is the area I think we should cap,” he said. “The areas that she sued for were out-of-pocket costs, medical costs, as well as for lost income going forward, and things like that.”

“I don’t think there should be a cap on any of those things, as opposed to what are purely subjective things, which is you know, ‘I feel bad for this person, because they suffered a lot,’” he said.

Santorum said the costs of a hefty claim against a doctor for pain and suffering would be born by insurance companies, who would cover their losses by increasing costs for the public.

During his hour-long appearance at Happy Joe’s Pizza & Ice Cream restaurant where 30 people gathered at 8 a.m., Santorum attacked the U.S. Supreme Court and vowed to put a check on “judicial tyranny.”

He said he would advocate for balanced power among the three branches of government.

Santorum chastised the judges for acting like quarterbacks in the policy arena, and “trying to play offense or playing defense for one side of the argument or the other.”

Indra Brewer, 54, of Clinton, said the country needs a president willing to take on the judicial branch and reign in their influence, because the nation has become “suit-happy.”

Brewer said Santorum seems like a strong candidate to do so, but she also likes former Massachusetts Gov. Mitt Romney.

Gregory Romankiw, 68, who runs a Clinton pawn shop, said he appreciated Santorum’s harsh words for the judiciary.

Santorum warned the audience that ”the founders would be turning in their graves” if they could see the ascendency of the courts.

Romankiw agreed with this sentiment, adding “there’s too much legislating from the bench.”

The former Pennsylvania senator, who has made more than 220 campaign stops in Iowa but remains at the bottom of the polls, scheduled six stops throughout eastern Iowa for Tuesday.

Listen to an interview with Santorum on tort reform: http://www.iowapolitics.com/1009/11.11.16_Santorum.mp3

View photos: http://www.flickr.com/photos/iowapolitics/sets/72157628017352181/

4 Responses to “Santorum promotes judicial reform, benefits from system”