Senate subcommittee advances bill to make pain-and-suffering survival damages permanent

The Judiciary subcommittee approved SB 29, which would remove the sunset and make permanent the 2021 reform allowing recovery of pain-and-suffering damages in survival actions, sending the measure to the Senate Appropriations Committee.

Senator Bill Laird, the author, said the law enacted in 2021 corrected an "injustice" by ensuring victims who die before litigation concludes do not lose the right to damages for pain and suffering. "SB 29 just ensures victims who endure immense pain and suffering are not denied justice simply because they don't live long enough to see their day in court," Laird said.

Proponents included Jeff Wells, president of the Consumer Attorneys of California, and Amy Martel with the Consumer Attorneys—oard, who brought her client, Erica Cole. Cole described her mother's death after a retained medical item was found lodged in her airway and urged lawmakers to preserve survivors' rights. "What happened to my mom highlights the need for Senate Bill 29," Cole said, describing a months-long decline that culminated in her mother's death.

Opponents and "oppose unless amended" groups included the California Medical Association, hospital associations, Planned Parenthood Affiliates of California, nursing and provider groups, and health-care coalitions. Stuart Thompson of the California Medical Association said the association was concerned about effects on health care costs, malpractice insurance premiums and the broader affordability of care. "By increasing some of these policies, it does increase health care costs on the back end," Thompson told the committee.

Several senators said the bill raised difficult trade-offs between compensating victims and containing medical costs. Some members said they would support the author continuing negotiations and exploring amendments, including proposals to exempt medical-malpractice claims from the change; other members opposed making the change permanent without further agreement.

The committee voted to pass SB 29 to Senate Appropriations by recorded roll call. The recorded tally at the motion was nine in favor and two opposed.

Why it matters: Supporters argue survivors and families are entitled to compensation for pain and suffering even if the injured person dies before a case resolves. Opponents warn that expanding recoverable damages could increase malpractice costs and insurance premiums, with potential effects on health-care affordability and supply.

What's next: SB 29 proceeds to the Senate Appropriations Committee; the author said he would continue discussions with stakeholders.

Votes at a glance: The subcommittee recorded the motion to pass SB 29 to Appropriations with a 9-2 tally on the roll call during the hearing.