Oklahoma Governor Vetoes Lawsuit Reform Bill

Oklahoma Gov. Brad Henry in mid-May vetoed lawsuit reform legislation he said conflicts with an Oklahoma Supreme Court decision on a similar bill that the court found unconstitutional two years ago. Henry vetoed the measure two days after it passed the Oklahoma House. The bill would have required injured people to obtain certificates of legal merit from experts in order to file professional malpractice lawsuits.

Supporters said the bill would curb rising insurance and business costs by stopping frivolous lawsuits and cutting the cost of Oklahoma’s civil justice system. Henry vowed to veto the measure shortly after it was approved.

“In an 8-1 decision in 2006, the state’s highest court ruled that the cost associated with certificates of merit placed an undue financial burden on citizens seeking access to justice and served as a barrier to their constitutional rights,” the governor said in his veto message.

“I support efforts to reduce frivolous lawsuits, but because the court has already spoken clearly on the certificate of merit issue, enacting this measure would have been a wasteful exercise in futility,” he said.

Opponents of the legislation maintain the certificates would cost injured persons between $500 and $12,000 to obtain.

The measure overturned by the Supreme Court dealt exclusively with medical malpractice lawsuits. The one Henry vetoed expanded that to any professional service including physicians, attorneys and accountants.

Supporters said they were disappointed by the veto and will consider a possible veto override.

Henry said that signing the bill into law would be the equivalent of making the same mistake twice.

“The measure would have been challenged a second time and overturned a second time by the Supreme Court,” he said. “That process would have needlessly consumed time and taxpayers’ money.”