Liability Reform Coalition lauds sensible Supreme Court decision

Seattle —Statement by Liability Reform Coalition (LRC) executive director, Dana Childers, regarding the Supreme Court’s decision in Ambach v. French.

“The Washington Supreme Court deserves credit for a logical and fair decision handed down today.  In the Ambach v. French case, the Court was asked to decide whether the increased cost a consumer pays for surgery instead of alternative medical treatment allows a right of action under the state’s Consumer Protection Act (CPA).  More specifically, the Court held that the increased costs of an allegedly unnecessary surgery cannot be separated from the personal injury claim as to satisfy the “injury to business or property” component of the CPA.

While the case may seem esoteric, its ramifications are significant.  The Supreme Court unanimously ruled that a plaintiff’s lawyer who brings a medical malpractice claim cannot automatically assert a CPA violation.  This is a blow to trial lawyers because they use CPA claims in order to recover triple damages and attorney fees.  It’s a pot of gold for them but costly to the rest of us.

The Court should expect to see more CPA cases given the fact that the legislature—at the urging of trial lawyers—expanded the CPA earlier this year, allowing higher damage awards and lowering the threshold to bring such cases. 

Today’s ruling is a win for consumers.”

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