WASHINGTON–Legislation to cap non-economic “pain and suffering” damages in medical malpractice lawsuits once again failed yesterday to win enough support in the Senate to stave off a filibuster.

Only 48 senators, all Republicans, voted in favor of a motion for cloture for Senate Bill 22, the Medical Care Access Protection Act. Cloture motions, which set a time limit on debate and eliminate the possibility of a filibuster, require 60 votes for passage.

Senate Bill 23, which would have established a similar cap specifically for cases involving obstetrician/gynecological specialists, also failed to win cloture, garnering only 49 votes.

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