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Committee adopts narrow dash‑1 for SB 233 to permit limited hernia‑mesh claims, advances bill to floor
Summary
The Judiciary Committee adopted a dash‑1 amendment to SB 233 to allow a one‑year revival window for medical claims tied to hernia‑mesh removal occurring between Jan. 1, 2018 and Jan. 1, 2019; the committee voted to send the amended bill to the Senate floor with a due‑pass recommendation.
The Senate Committee on Judiciary on March 31 adopted a narrowly tailored dash‑1 amendment to Senate Bill 233 and advanced the amended bill to the Senate floor with a due‑pass recommendation.
As introduced, SB 233 would have extended the statute of ultimate repose for medical‑malpractice claims to 10 years. The adopted dash‑1 amendment instead replaces the bill with a limited provision that allows a person to bring a cause of action within one year of the bill’s effective date for claims arising from medical or surgical treatment connected to the removal of a hernia mesh if that removal occurred on or after Jan. 1, 2018 and before Jan. 1, 2019. The amendment excludes actions already settled or adjudicated prior to the effective date.
Senator Thatcher moved adoption of the dash‑1 amendment; the committee recorded aye votes and the amendment was adopted. The committee then voted to move SB 233, as amended, to the Senate floor with a due‑pass recommendation. Roll‑call snippets recorded in the hearing transcript list multiple senators voting aye on both the amendment and the motion to advance the bill; the chair announced the motion carried and the bill was “on its way to the floor.”
Committee discussion referenced the drafting practice of the legislative counsel to craft narrowly targeted, date‑bounded relief in cases where stakeholders sought an opportunity to litigate a specific past event. Sponsors characterized the dash‑1 as a limited, case‑specific remedy that would give an identified individual an opportunity to pursue claims in court without broadly reopening settled litigation.
Why it matters: The committee’s action creates a short, one‑year revival window tied to a specified set of surgical removals and dates. Supporters said the limited approach corrects a particular perceived wrong while avoiding broader changes to medical malpractice repose periods.
Action and votes recorded in committee: the committee adopted the dash‑1 amendment (motion by Senator Thatcher), then voted to advance SB 233, as amended, to the floor with a due‑pass recommendation. The transcript records committee members voting “aye” on both steps and the chair announcing that the motions carried.
