Bush Administration Rules Limit Products Liability Lawsuits
According to a Washington Post article entitled "Bush Administration Rules Limit Lawsuits", the despicable Bush Administration is accomplishing citizen-screwing legal liability reforms through the back door when it could not get what it wanted through the front.
The article recounts how, through administrative rules implementation "Bush has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products". Since it has been unable to persuade congress to listen to its proposals on federal tort "deform", the Administration has placed lawsuit limits into 51 rules proposed or adopted since 2005, regulating commonly used commodities such as drugs, cars, railroads, medical devices and food.
Not surprisingly, these limits have been sharply criticized by consumer advocates and trial lawyers, while being praised by industry. In this writer's opinion, it is another in a long line of Bush Administration attempts to screw the public while shielding big business from legitimate lawsuits. This expansive interpretation of preemption substantially limits a consumer's right to sue. The American Association of Justice is, obviously, very critical of these backdoor tactics. Jon Haber, AAJ chief executive officer, said that the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."
The drug industry is already trying to use these administrative shields in a highly publicized drug liability lawsuit. Dennis Quaid and his wife are suing Baxter Healthcare Corp over the labeling of the drug Heparin, which, they say, resulted in overdose injuries to their newborn twins. Quaid testifed Wednesday at a congressional hearing on the issue. Baxter is arguing that this administrative preemption prevents the Quaids from pursuing the case
Contact President Bush and let him know how you feel about having your rights taken from you behind the backs of your local elected officials.
Lawsuit Financial provides legal finance services to plaintiffs in Products Liability Lawsuits and a variety of other personal injury lawsuits. For a free analysis of your legal funding situation, please contact us, toll free, at 1-877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com.