House Judiciary opens public hearing on SB 233A to revive some hernia-mesh claims

The House Committee on Judiciary opened a public hearing on Senate Bill 233A, which would allow people to bring a cause of action within one year of the bill's effective date for claims arising from or connected to medical or surgical treatment related to hernia-mesh removal. The measure includes an emergency clause and specifies it would not revive or apply to actions settled or adjudicated before the measure's effective date.

Senator James Ivory Manning Jr., the bill's House sponsor, told the committee the measure was brought on behalf of a constituent and was drafted narrowly. "This is a bill that has been brought on behalf of my constituent, Jim Evangelistic," Manning said, adding the proposal is narrowly focused to address injuries that did not surface within existing time limits.

"This medical ordeal continues to be a nightmare for my family, co workers, and all whom I'm responsible for," said Jim Evangelistic, the constituent who testified in support. Evangelistic said he had provided testimony and documents on the Legislature's online system and asked members for their votes on SB 233A.

Fawn Berry, representing the Oregon Liability Reform Coalition, opposed the bill. "Senate Bill 233 sets an uncertain precedent for health care," Berry said, arguing that retroactively modifying the statute of limitations creates uncertainty for defendants and that existing law already contains an exception for fraud or abuse allowing a two-year discovery window in some cases.

Committee staff summarized the measure for members, saying it had minimal fiscal impact, no revenue impact, and that on the Senate floor it passed by a 25-4 vote. The staff summary also said the bill would not revive actions that had been settled or adjudicated before the bill's effective date.

No formal committee vote was taken at the hearing. Committee leadership announced that all work sessions scheduled for the day would be carried over to the next meeting and that some amendments were still in process. The chair closed the public hearing on SB 233A without a committee recommendation.

The hearing record includes testimony and documents posted to the Legislature's online information system (OLIS). Committee members asked questions during the hearing but did not make or adopt any motions related to passage, amendment, or referral of SB 233A.