Topeka ? A Senate committee Tuesday rejected a measure sought by a Haysville couple who asked for repeal of a retroactive law they said will limit the damages they can recover for their severely handicapped daughter.

“I’m still in shock,” said Angela Raney-Neises after the Senate Financial Institutions and Insurance Committee killed the bill on a 2-6 partisan vote.

“This is wrong; this is egregious,” said Sen. Paul Feleciano, a Wichita Democrat, after his motion to repeal the retroactive date was defeated.

Raney-Neises blamed Sen. Sandy Praeger, a Lawrence Republican and chairwoman of the committee, for the bill’s demise. Praeger is a candidate for state insurance commissioner.

“Sen. Praeger seems to be pretty set in her ways,” Raney-Neises said. “It’s upsetting that my daughter has to suffer for it.”

Ashley Raney-Neises, 4, suffered severe brain damage at birth. The family is suing the hospital where she was born, Wesley Medical Center, and the attending physicians, including two resident physicians who were with the Kansas University School of Medicine-Wichita. Attorneys for the family say Ashley’s care will cost upwards of $30 million during her lifetime.

Praeger defended her action.

“I believe in my heart this was the right thing to do,” she said.

The dispute is about a new law that allowed the Wichita Center for Graduate Medical Education (WCGME) access to $1 million in insurance coverage from the state’s Health Care Stabilization Fund.

WCGME is a consortium that includes the KU School of Medicine-Wichita, Wesley Medical Center and Via Christi Regional Medical Center. It administers the residency physician training programs in Wichita.

In 2001, WCGME asked the Legislature for a bill that would define WCGME as a “health-care provider” covered by the Health Care Stabilization Fund, which limits its liability in malpractice cases. In a late-hour amendment, the Legislature made the bill retroactive to July 1, 1997.

Attorneys for Ashley Raney-Neises say that retroactive date was put in place to limit WCGME’s liability in the case of Ashley Raney-Neises, who was born four months after the retroactive portion of the bill.

The family asked the Legislature to repeal that retroactive date. But on Tuesday the committee said no.

Feleciano blasted Praeger.

“It appears the chairlady is more interested in protecting the interests of Wesley Hospital than protecting our citizens who have been adversely grieved by their actions,” he said. “Wesley wins with their power and high-priced lobbyists.”

But Praeger said that even without the retroactive date, the Raney-Neises family would be unable to recover any damages from WCGME because it is a nonprofit organization.

Praeger said she was not influenced by lobbyists and noted that last year she fought the industry to increase mental health insurance coverage.

Others rejecting repeal of the retroactive date were Republican Sens. Ruth Teichman of Stafford, James Barnett of Emporia, David Corbin of Towanda, Larry Salmans of Hanston and Pete Brungardt of Salina.

Voting for the repeal were Feleciano of Wichita, and Sen. Chris Steineger, D-Kansas City.

The bill passed in 2001 was SB 366. The bill proposing to change the effective date is SB 420.