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Texas Alliance for Patient Access Director: ‘All industries in Texas need protections from excessive and prohibitive lawsuits’

SOUTHEAST TEXAS RECORD

Wednesday, May 14, 2025

Texas Alliance for Patient Access Director: ‘All industries in Texas need protections from excessive and prohibitive lawsuits’

Legislation
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Brian G. Jackson, executive director Texas Alliance for Patient Access | https://www.tapa.info

Brian Jackson, executive director of the Texas Alliance for Patient Access, said that Senate Bill 30 provides legal protections for all industries against excessive and abusive lawsuits.

"We recognize that all industries in Texas need protections from excessive and prohibitive lawsuits, similar to what presently exists for the healthcare industry," said Brian G. Jackson. "SB 30 is an answer to that need."

According to a blog post on Lone Star Economic Alliance, Senate Bill 30, introduced in March 2025, aims to curb inflated medical damages in Texas civil lawsuits and limit "nuclear verdicts" that burden individuals and businesses. The bill seeks to define noneconomic damages and discourage collusion between plaintiff attorneys and healthcare providers. It responds to a 2023 Texas Supreme Court case that overturned a $15 million noneconomic damages award and sent a mandate to the legislature for clearer legal standards. With backing from Lt. Governor Dan Patrick and the Texas Senate, SB 30 is being positioned as a reform that restores fairness and integrity to the state’s legal system.

A study from the U.S. Chamber Institute for Legal Reform revealed that Texas ranks among the top five states for nuclear verdicts, with 130 personal injury and wrongful death cases resulting in $16 billion in awards from 2013 to 2022. The study highlighted how "anchoring" tactics—where attorneys suggest arbitrary, high-dollar damage amounts—played a major role in inflating jury awards. One example involved a $39 million verdict in an auto accident case after a plaintiff’s lawyer proposed a symbolic per-mile damage figure; the Texas Supreme Court later overturned it due to improper tactics. These excessive awards contribute to higher insurance premiums and consumer costs while undermining fairness in the legal system.

A new report from the American Tort Reform Association reveals that Texas is a major hub for legal services advertising, with Dallas and Houston both ranking in the top ten U.S. media markets for total spending on these ads in 2024. Dallas saw approximately $69.8 million spent on 622,212 ads, while Houston accounted for over $56.6 million in spending on more than 411,000 ads. These figures reflect a broader national surge in trial lawyer advertising, which reached $2.5 billion across the U.S. last year—more than double what pizza restaurants spent.

The American Property Casualty Insurance Association (APCIA) and Munich Re US released a survey indicating that most Americans believe certain plaintiff lawyer tactics, such as excessive advertising, third-party litigation funding (TPLF), and jury anchoring, contribute to rising insurance and consumer goods costs. The Harris Poll conducted among over 2,000 U.S. adults revealed that 69% think TPLF and jury anchoring increase insurance costs, while 66% say these practices raise prices of everyday items. Additionally, 77% agree that allowing foreign investors to participate in TPLF could pose a national security threat.

Jackson is the executive director of the Texas Alliance for Patient Access (TAPA), where he leads efforts to preserve Texas’ landmark 2003 medical liability reforms. An attorney with over three decades of experience defending physicians, hospitals, and nurses, Jackson has served as TAPA’s General Counsel since 2016 and frequently testifies before the Legislature on healthcare liability issues. He continues to maintain a part-time law practice while advocating on behalf of Texas healthcare providers and patients.

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