Attorney Wetherby challenges tort reform impact on medical malpractice rulings

The Georgia State Legislature's Rules Subcommittee on Lawsuit Reform convened on March 11, 2025, to discuss significant issues surrounding tort reform and its implications for medical malpractice insurance rates. Key testimonies highlighted the ongoing debate about the effectiveness of proposed reforms.

During the meeting, Robert White, president of First Professionals Insurance Company, emphasized that tort reform would likely have little impact on stabilizing medical malpractice insurance rates. He referenced a Supreme Court decision that dismissed tort reform as lacking a rational basis, suggesting that the arguments in favor of such reforms were not compelling.

Attorney Alex Wetherbee, who transitioned from insurance defense to plaintiff representation, shared insights from his 14 years defending major corporations. He described "nuclear verdicts," which he referred to as outlier verdicts, noting their rarity in the cases he handled. Wetherbee recounted that out of 7,000 cases, only two settlements exceeded $1 million, underscoring the infrequency of substantial verdicts.

Wetherbee also discussed a notable case involving a tragic accident caused by a drunk driver, which resulted in a $27 million verdict. He pointed out that while the judgment was uncollectible, it served a greater purpose by leading to the closure of the bar that had served the underage driver. He argued that such outcomes demonstrate the importance of allowing juries to consider pain and suffering in their decisions, particularly in cases involving fatalities.

The discussions at the meeting reflect a broader concern about the implications of lawsuit reforms on accountability and justice in the legal system. As the subcommittee continues to evaluate these issues, the outcomes may significantly influence future legislation regarding tort reform in Georgia.