“The American people will never knowingly adopt Socialism. But under the name of ‘liberalism’ they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation, without knowing how it happened.”

Socialist Party presidential candidate Norman Thomas

Monday, May 12, 2008

Frivolous litigation makes life more expensive for everybody but the lawyers

Having used the power of dumb juries to seize profits from tobacco companies, McDonald's, and countless hospitals, trial lawyers have rooted around and dug up some sick children whose genetic illness they can blame on the pharmaceutical companies....

WASHINGTON - The Institute of Medicine said in 2004 there was no credible evidence to show that vaccines containing the preservative thimerosal led to autism in children. But thousands of families have a different take based on personal experience.

Some of them are going to court Monday as attorneys will attempt to show that the mercury-based preservative triggers symptoms of autism.

Two 10-year-old boys from Portland, Ore., will serve as test cases to determine whether many of the children and their families should be compensated. Attorneys for the boys will attempt to show the boys were happy, healthy and developing normally — but, after being exposed to vaccines with thimerosal, they began to regress.

Like most tort cases, this is nothing but a baseless money grab by the lawyers. Aggressive litigation, media demonization, and Americans' ridiculous expectation of a no-fault life have already created an extremely hostile environment in which drug companies must try to bring life-saving medicines to the market-place.

No vaccine is perfect. In very rare cases, some kid might get sick or die from them. Does that mean it should be withheld from all kids? If lawyers can successfully sue drug companies for billions by convincing stupid juries that the drug company was at fault, then where's the incentive for the company to continue producing life-saving drugs? So what if a vaccine against measles, once in a while makes a kid sick, what about the protection it provides for millions and millions of others?

Unless the plaintiff's lawyers can prove criminal negligence without a doubt, then they should have to pay all court costs associated with the case. Convincing 12 people too dumb to figure a way out of jury duty, that the poor family deserves some of the big, mean drug company's money shouldn't be enough.

The first presidential candidate to promise tort-reform will get my vote......but I won't hold my breath.

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