KANSAS MALPRACTICE VICTIMS COALITION v. BELL

No. 61,945

243 Kan. 333 (1988)

757 P.2d 251

KANSAS MALPRACTICE VICTIMS COALITION and the Members, Named and Unnamed, Thereof; CLAYTON TREVOR NYGAARD, a minor, by his father and next friend, TERRENCE W. NYGAARD; ERIC THEODORE NYGAARD, a minor, by his father and next friend, TERRENCE W. NYGAARD; BRENT WILLIAM OLSEN, a minor, by his father and next friend, ROBERT A. OLSEN; and MARY DUNCAN, Guardian and Conservator of ELLEN BANISTER, a disabled person, Plaintiffs-Appellees, v. FLETCHER BELL, Defendant-Appellant, and KANSAS MEDICAL SOCIETY, KANSAS HOSPITAL ASSOCIATION, and Attorney General ROBERT T. STEPHAN, Intervenors-Appellants.

Supreme Court of Kansas.

Opinion filed June 3, 1988.


Attorney(s) appearing for the Case

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause, and Charles R. Hay, and Michael W. Merriam, of the same firm, were with him on the brief for intervenors-appellants Kansas Medical Society and Kansas Hospital Associations.

Thomas L. Theis, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause, and Pamela Sjoholm Scott, chief attorney, Kansas Department of Insurance, and special assistant attorney general, was with him on the briefs for appellant Fletcher Bell.

Thomas E. Sullivan, of Thomas E. Sullivan, P.A., of Overland Park, and Lynn R. Johnson, of Shamberg, Johnson, Bergman & Goldman, Chartered, of Overland Park, argued the cause, and G. Gordon Atcheson, of Shamberg, Johnson, Bergman & Goldman, Chartered, of Overland Park, Sidney A. Shapiro, of Lawrence, and Jerry R. Palmer, of Palmer, Marquardt & Snyder, P.A., of Topeka, were with them on the brief for appellees.

Robert T. Stephan, attorney general, and Nancy L. Ulrich, assistant attorney general, were on the brief for intervenor-appellant Robert T. Stephan.

Jeffrey Robert White, of Washington, D.C., and Leonard D. Fisher, of Schroer, Rice, P.A., of Topeka, were on the amicus curiae brief for the Association of Trial Lawyers of America, Distressed Parents Together Foundation, and Consumer Federation of America.

John B. Runnels, M.D., of Topeka, was on the amicus curiae brief pro se.


The opinion of the court was delivered by

PRAGER, C.J.:

This is a declaratory judgment action brought by the Kansas Malpractice Victims Coalition (plaintiffs/appellees), a group of named and unnamed medical malpractice victims, against Insurance Commissioner Fletcher Bell (defendant/appellant) in his capacity as administrator of the Health Care Stabilization Fund (Fund). Plaintiffs seek to prevent enforcement of 1986 House Bill 2661, a bill containing a variety...

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