Pennsylvania Product Liability Lawsuits At Risk Thanks To Bush Administration Efforts
Bush administration gives early Christmas card to corporate America - “A get out of jail free” card - A Pennsylvania product liability lawyer speaks out.
Last week The American Association for Justice released a report detailing how the Bush administration has engaged in a campaign to include preemption language in over 60 proposed and final regulatory rules in 7 federal agencies. The report indicates that these agencies headed by Bush administration political appointees have embarked upon an unprecedented campaign to negate the effect of state product liability laws that protect consumers and injured workers, in effect granting immunity to irresponsible corporations. One of the hallmarks of the Bush administration has made implementing the “get out of jail free” card for corporations one of its top priorities. Such efforts by the administration in their final days will leave individuals with no restitution for injuries caused by irresponsible corporations and will further stack the deck against American workers and consumers. Basically, big business gets off again and the little guy gets screwed. This campaign has been financially backed by big business lobbyists in their attempt to take the teeth out of any state consumer protection laws and further weaken regulatory scrutiny which has for many years protected consumers from dangerous and defective products.
The American Association for Justice (AAJ) filed multiple freedom of information act requests with the Federal government. The responses to these requests revealed that not only did the Executive Office direct the agencies to override state laws, it wrote the language. In effect, the Bush administration made the safety of Americans a political undertaking. I urge all consumers and readers of this blog to read the full report released by AAJ.
Long time career officials at regulatory agencies clashed with the Bush administration appointees over the attempt to provide complete immunity to corporations when defective products harm consumers. Academic commentators describe the preemption strategy as a travesty and states’ rights groups describe it as nothing more than a backdoor, underhanded means by which unelected federal bureaucrats impose their will on states. These attempts to deprive individuals of their right to the courts are unprecedented and endangers the American public in significant ways. I have always practiced law with the belief and understanding that trial lawyers complement the regulatory system. For many years, academics and the courts have recognized that the regulatory system alone does not have the resources to fully protect the public.
The report of the AAJ concludes that the Bush administration has injected politics into every aspect of Americans lives from their medicine cabinets to their cars’ brakes at the expense of consumer safety. A full read of the report will reveal that this extreme movement has nothing to do with protecting the American public and everything to do with rewarding the Bush administrations corporate sponsors.
On November 3, 2008, the United States Supreme Court will hear one of the most important preemption cases which will determine whether patients can sue a drug maker through state law when a product has been approved by the Food and Drug Administration. I am extraordinarily concerned first as a citizen of the United States of America and secondly, as a Pennsylvania products liability attorney who has been protecting consumers’ rights since 1979.
Any plain fool can see that the unregulation of big business will lead to disaster. Over the past month, we have all witnessed news headlines revealing staggering corporate greed and the downfall of the American economic system. The revelations of this corporate greed have been devastating and has crippled America. Under the protection of Pennsylvania product liability law and many other state laws in this country, consumers are now able to recover compensatory damages stemming from or relating to injuries from defective products. It is important that we allow the states and the regulatory agencies to set guidelines so that products can meet a certain consumer safety requirement when being used in a lawful and normal manner. Federal government intervention and preemption focuses on the idea of changing the rules applicable to the law or tort. It is a given right in America to have a fair trial by jury and the right to get compensation for unjust damages. The Bush administration, in their stealth attempts to prevent claims from being brought against guilty parties, is stunting the rights of all Americans. Judgments and settlements achieved by trial lawyers are meant to deter big, greedy corporations from sweeping victims cries for help under the rug. By imposing such restrictions via tort reform and preemption, the cries of these victims will be silenced.
The Pennsylvania catastrophic injury lawyers of the Pennsylvania product liability law firm of Reiff and Bily are committed to representing the rights of individuals injured by defective products and believe that the roadways to the courts should be kept open without federal interference.
If you or a loved one has been injured by a defective product, please contact us for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.
