Utahns in D.C. to protest caps on malpractice awards

WASHINGTON — They came to the nation's capital from 22 states, including Utah, looking for someone to listen to their stories: congressmen, senators, staffers, reporters, anyone really.

If lawmakers would just listen to the heart-wrenching stories of how doctors' negligence and incompetence maimed, disfigured and even killed loved ones, they would never consider putting a dollar limit on malpractice claims, they believe.

"We want them to realize what the other side is all about," said Becky Brailsford, who traveled to Washington, D.C., from Highland, Utah County, with her husband and their two sons, who were both permanently injured in a botched delivery.

Kurt, now 11, watches from a wheelchair as his parents lobby. He's had 72 surgeries so far. He has spastic cerebral palsy, is legally blind and must cope with two shunts that drain fluid from his brain. His twin, Kevin, has a different set of problems.

The cost of Kurt's annual care alone exceeds the Brailsfords' annual family income.

"We were lucky because we settled" the malpractice case before it went to court, Becky said. "But if there had been a cap in place, we would be bankrupt, and every taxpayer out there would be picking up the bill for Kurt's medical care."

The Brailsfords are among eight Utahns hoping to meet with the Utah congressional delegation to share their stories. Utah's three congressmen were unavailable, but "we met with someone from their staff, and they were very polite."

They remain confident they will get to meet with Utah's two Republican senators. Sen. Orrin Hatch has gone on record in favor of monetary caps on medical malpractice awards.

On Tuesday afternoon, advocates met with Sen. Bob Bennett, who posed for pictures and empathized with their situation. Bennett said that America's medical system needs to return to where consumers have the appropriate information to make informed choices.

Doctors' history with malpractice claims is shielded from the consumer.

And they aren't that hopeful they will meet with former Utah Gov. Mike Leavitt, now secretary of the U.S. Department of Health and Human Services, the federal entity responsible for the disabled who would fall through the cracks if a monetary cap is implemented. Bennett promised to try to arrange a meeting with Leavitt before the Utahns return home later this week.