Today’s Wall Street Journal featured a letter to the editor from AAJ President Gary M. Paul illustrating the full story about the Carlyle Group’s attempt to use forced arbitration as an abusive tactic to limit the rights’ of investors.
Read AAJ’s full statement on the House passage of the "Help Efficient, Accessible, Low Cost, Timely, Health Care (HEALTH) Act of 2011" (H.R. 5) here.
In short, from AAJ President Gary. M. Paul:
“Instead of focusing on patient safety, Congress voted today to strip away the legal rights of injured patients, reduce accountability and leave Americans at risk for more injuries from negligent care."
AAJ has released a newly updated chart highlighting state constitutions and state supreme court decisions that would be superseded by H.R. 5 – the health care industry liability reform / IPAB repeal bill. The chart can be found online here (PDF).
AAJ has released a report today finding that by systematically distorting profits and losses, medical malpractice insurers have created phony malpractice insurance “crises” so lawmakers would consider limiting the legal rights of injured patients. This report comes just in time as the U.S. House of Representatives is set to vote on an extreme medical liability bill (H.R. 5) this week.
New York Times columnist Joe Nocera has long been a critic of the civil justice system, and his Saturday column on the BP settlement certainly did not come as a surprise – he wrote a similar piece in January saluting BP. But Nocera left out a few key facts that would have better informed his readers about our legal system and the BP process that has been unfolding the last two years.
In a letter sent to Public Citizen today the FDA has asked for more time to consider Public Citizen’s petition calling for a regulation change that would force generic manufacturers to update their labels. AAJ sent comments supporting the petition urging the FDA to ensure patients’ rights are protected when they are injured by defective generic drugs.
AAJ President Gary M. Paul stated:
Stanford University law and legal history professor Amalia D. Kessler penned an op-ed in today’s New York Times on corporations inserting abusive, take-it-or-leave-it forced arbitration clauses into consumer and employee contracts as a tool to avoid accountability.
The Atlantic’s Andrew Cohen highlighted a unanimous ruling from the Utah Supreme Court that allows health care professionals to be held accountable in court for negligently prescribing medicine that injures innocent third parties. Cohen points to a key passage in the ruling:
Yesterday the U.S. Supreme Court ruled against plaintiff Gloria Kurns in Kurns v. Railroad Friction Products Crop. Gloria is the widow of retired railroad worker George Corson who died of mesothelioma after years of service for Railroad Friction Products as a welder, machinist and supervisor.
Countdown to Trial is the theme of the March issue of Trial, AAJ’s flagship magazine for attorneys and the legal community. Trial preparation is a detail-filled and intense time for plaintiff attorneys, and this issue of Trial considers a range of issues to consider in getting ready to head to the courtroom, including: