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March 28, 2017

Via hand delivery

House Committee on Judiciary & Civil Jurisprudence

Attn: The Honorable John T. Smithee, Chair
Texas State Capitol
EXT E2.120
Austin, Texas 78701

Re: Written testimony in support of HB 719 by Rep. Wu; medical malpractice; valuing life

Dear Chairman Smithee and Members of the Committee:

Texas Watch is a non-partisan, non-profit citizen advocacy organization. Since 1998, we have sought to
protect the rights of patients and ensure public safety. We submit this written testimony today in support
of HB 719 by Rep. Wu, which is a narrowly-tailored piece of legislation that would value the lives of
those who have suffered at the hands of reckless medical personnel.

We entrust our medical care to professionals. Often, these professionals save lives. But sometimes this
trust is violated and precious lives are ended or changed forever through carelessness or incompetence.
When this happens, in the quest for accountability, the question arises: What is that persons life worth?

Since 2003, lives have been worth less in Texas with each passing year. As prices rise, the $250,000 cap
on non-economic damages is worth less and less in real terms. According to the Bureau of Labor Statistics
CPI Inflation Calculator, $250,000 in 2017 has the same buying power as just $188,831.83 in 2003 (see
https://www.bls.gov/data/inflation_calculator.htm). Elderly Texans, who have made their economic
contribution to society and are now in retirement, may not have economic damages, such as wages, at
the time of the tragic loss. Therefore, non-economic damages account for the sum total of their life. As
the law stands today, these non-economic damages are effectively depressed over time. The message the
current law sends is: Your life matters little to us. This only compounds a familys tragedy.

Representative Wus legislation ties the non-economic damages cap to the consumer price index. This, at
a minimum, ensures Texans lives arent valued less with each passing year.

You have it in your power today to make the humane choice. You have it in your power to value Texans
lives. We encourage you to stand for what is just, fair, and right. Please vote yes on HB 719.

Very respectfully,

Ware V. Wendell
Executive Director